Other conditions decisions — 2013

The Board denied a higher rating for the Veteran's partial paralysis of the left vocal cord, finding that his condition did not meet the criteria for a 30 percent rating based on nodules or thickening of the cords. The effective date remains unchanged at June 16, 2009.

The Veteran's claim for a temporary total rating due to convalescence following her July 2007 brain tumor removal surgery is denied as service connection was not in effect at the time of the surgery.

The Board found that the Veteran's right foot disorder did not manifest during service and is not related to his period of service. The claim for service connection was denied.

The Veteran's claim for service connection for a disability manifested by joint pain, aching, and swelling of the feet was denied as there is no current diagnosed bilateral foot disability or arthritis of the feet. The Board found that a qualifying chronic disability did not manifest during service in Southwest Asia or to a compensable degree for any six-month period since service.

The Board found that the Veteran's current residuals of trauma (including head trauma) and arthritis of the back and neck are not related to his military service, including an assault in service. Therefore, the claims for these conditions were denied.

The Board denied the appellant's claim for VA death pension benefits as her husband did not have qualifying service during World War II, and thus does not meet the criteria for entitlement to these benefits.

The Board has remanded the case for additional development to determine if VA employees participated in the Veteran's care at Creighton UMC, and whether VA adequately informed Creighton UMC of the Veteran's history of a previous head injury. The examiner will provide an opinion on whether VA met its duty of care.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board denied the appellant's claim for apportionment of the Veteran's VA disability compensation benefits on behalf of his child, finding that she did not meet the eligibility criteria as a 'child' under VA regulations.

The Veteran is seeking service connection for colon polyps and/or cancer, which are presumed to be due to exposure to herbicides during his active duty. The case has been remanded for a VA examination and further development of the record.

The Board denied a compensable initial rating for splenomegaly, finding that there are no residuals related to the service-connected condition.

The claimant's service is not recognized as qualifying for VA purposes, and therefore he does not meet the eligibility requirements to receive a one-time payment from the FVEC fund.

The Board denied the veteran's claim for a one-time payment from the FVEC Fund due to lack of service in the U.S. Armed Forces in the Philippines, as certified by the National Personnel Records Center.

The Veteran's service-connected right and left lower shin splints with tibial stress syndrome are each rated at 10 percent disabling, from June 18, 2007. The evidence does not support a higher rating for any period.

The Veteran's appeal was dismissed due to his death, and no issues were addressed as he died during the pendency of the appeal.

The Veteran's claim for service connection for numbness of the arms and shoulders is denied. The Board finds no objective evidence of such condition during his VA examinations, and thus cannot grant service connection. For his lumbar spine DJD, a rating of 40 percent is granted effective July 31, 2008. For his cervical spondylosis, a rating of 20 percent is granted effective July 31, 2008.

The Board denied the Veteran's claim of service connection for multiple myeloma, finding no competent and credible evidence establishing a nexus between the disability and service.

The Veteran's claim for a rating in excess of 20 percent for residuals of a left shoulder gunshot wound is granted, with the addition of Muscle Groups I and II as additional service-connected residuals.

The VA examiner found that the Veteran's osteoporosis and recurrent fractures are not related to his service or any service-connected disability.

The Board has granted service connection for the Veteran's chronic lymphocytic leukemia / small lymphocytic lymphoma and lung disability, finding that these conditions are related to his military service. The keratoses claim is pending.