Other conditions decisions — 2013

The Board found that the Veteran's dysthymic disorder was not incurred or aggravated by service and is not presumed to have been incurred in service. The preexisting condition was determined to be not aggravated by service.

The Veteran withdrew his appeal of the denial of service connection for gout and Dupuytren's Contracture before the Board could make a decision.

The Veteran's celiac sprue is currently rated at the maximum schedular rating available (30%) and a higher rating is not warranted based on the evidence of record.

The Board found that neither the left hand degenerative changes nor the right hip degenerative joint disease are directly related to service, and denied both claims as secondary to service-connected conditions.

The Board denied increased ratings for degenerative joint disease of the right and left knees, finding that the evidence did not support a higher rating based on current symptoms.

The Board found that the Veteran's bilateral hallux valgus and hammertoes were not incurred in or aggravated by service, and denied his claims.

The Veteran's midback strain with mild dextroconvex scoliosis is not manifested by forward flexion of the thoracolumbar spine greater than 60 degrees, but not greater than 85 degrees; or by a combined range of motion of the thoracolumbar spine greater than 120 degrees, but not greater than 235 degrees; or by muscle spasm, guarding, or localized tenderness not resulting in an abnormal gait or abnormal spinal contour; or by vertebral body fracture with a loss of 50 percent or more of the height. Therefore, the criteria for an initial compensable evaluation have not been met.

The Veteran's claims for increased ratings were denied. The Board found that the left great toe disability did not warrant a rating in excess of 30 percent, and extension of the temporary total (convalescence) rating beyond February 28, 2007 was also denied. The claim for an increased rating for the left femur donor site scar was also denied.

The Board found that the Veteran's testicular cancer is not a disease associated with exposure to certain herbicide agents, and was not incurred in or aggravated by service.

The Veteran's death was not caused by a service-connected disability, and the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 is denied.

The Veteran's right hip prosthesis was in good condition with no osseous deficits. Residuals included greatly decreased hip pain and only slightly less than normal range of motion, allowing the Veteran to stand for indefinite periods and walk several miles without an assistive device. Effective February 25, 2012, the residuals manifested as moderately severe weakness and pain but with a normal range of motion.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including potential exposure to ionizing radiation. The case will be remanded for further action.

The Veteran's death pension benefits claim was denied as the Appellant, being over 18 years old at the time of her claim, is not considered a child for purposes of non-service-connected death pension eligibility.

The Board has remanded the case due to the need for a VA examination and additional medical records, as well as clarification on whether there is a nexus between the Veteran's brain tumor and his active duty service.

The Board has reopened the Veteran's claim of service connection for cerebellar ataxia, previously described as pontocerebellar degeneration, to include due to herbicide exposure. The case is now REMANDED for further development.

The Veteran's death was not service-connected, and the appellant is not eligible for accrued benefits or substitution as claimant due to her mother's death.

The Veteran's appeal has been withdrawn due to his request to drop the appeal and cancel the hearing. The issue of entitlement to an increased rating for hypertrophic change, left hip is dismissed without prejudice.

The Veteran's skin rash was diagnosed as cholinergic urticaria, a known clinical condition that did not manifest during service and is unrelated to his military service.

The Board has granted service connection for the Veteran's left eye disability, finding that it is causally related to his military service. The issues of an increased rating for a right eye disability and entitlement to SMC and TDIU are addressed in the REMAND portion of this decision.

The Board has determined that the appellant does not meet the legal requirements for obtaining a one-time payment from the FVEC Fund and thus denied his claim.