Other conditions decisions — 2013

The Board finds that the appointment of a fiduciary to manage the Veteran's VA benefits was proper, based on the evidence showing the need for such management due to the Veteran's incompetence and the suitability of his sister as a potential fiduciary.

The Veteran's appeal for higher ratings for her service-connected right great toe ganglion cyst and bilateral pes planus was denied. The Board found that the residuals of the right great toe ganglion cyst did not meet or nearly approximate the criteria for a rating in excess of 10 percent, while the bilateral pes planus met the criteria for a 10 percent rating from February 11, 2009.

The Veteran's right forearm and elbow flexion is not limited to 90 degrees or less, she does not have any limitation of extension, impairment of the flail joint, ulna, or radius, and no supination or pronation has been objectively confirmed. Therefore, her claim for a higher rating for residuals of a right forearm and elbow injury was granted at 10 percent.

The Veteran's service-connected Grade I compound fracture of the tibia and fibula resulted in mild impairment prior to October 4, 2007, and moderate impairment beginning on that date. The loss of sensation in his left foot is rated as a separate condition.

The Veteran's appeal is remanded to the RO for adjudication of his claim for TDIU due to mood disorder with personality changes. The issue will be reconsidered in light of all pertinent evidence and legal authority.

The Veteran's current locking of joint/multiple joint conditions to include pain, and bilateral conditions of the hands were not related to any disease, injury or event in service.

The Board has determined that the Veteran's respiratory disorder, including hypersensitivity pneumonitis, was not incurred in service and denied his claim for service connection.

The Veteran's skin disabilities, including lipomas, actinic keratosis, squamous cell carcinoma, and basal cell cancer, were not incurred due to active service or presumed exposure to herbicides like Agent Orange. The Board found no evidence of a nexus between the current conditions and service.

The Board has determined that the Veteran's skin disorder did not have its onset during active service and is not causally related to such service, including in-service exposure to herbicides. As a result, service connection for this condition is denied.

The appellant is not recognized as a surviving spouse of the Veteran for VA death benefits due to her remarriage and holding herself out openly to be the spouse of another person.

The Board is considering whether new and material evidence has been submitted to reopen the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for retinal detachment of the right eye, which was previously denied due to lack of service connection.

The Veteran's left eye blindness is not considered to be the result of fault on the part of VA, or not reasonably foreseeable residuals from surgery for a detached retina of the left eye.

The Veteran withdrew his appeal before the Board could make a decision on his initial compensable evaluation for status post bilateral inguinal hernia repair.

The Veteran's service-connected patellofemoral pain syndrome of both knees is currently rated at 20 percent, the maximum schedular rating available under DCs 5260 and 5261. The Board finds that a higher disability rating is not warranted for either knee.

The Veteran's appeal is being remanded for a Travel Board Hearing regarding his claim of entitlement to an earlier effective date for the grant of Total Disability Rating Due to Individual Unemployability (TDIU).

The Board has reopened the claim of service connection for bilateral upper extremity pain and granted it. The Veteran's symptoms, including numbness in her hands and forearms, are believed to be related to her deployment to Iraq.,Service connection was also granted for a disability manifested by shortness of breath, chest pain or tightness, and non-productive cough. The Board found that the Veteran's current symptoms are likely due to her service in Southwest Asia.

The Veteran's symptoms of difficulty sleeping, staying awake, and concentrating are attributed to his service-connected PTSD. Therefore, the claims for these conditions cannot be granted as they do not meet the criteria for presumptive service connection.

The Board has determined that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for benefits under the Filipino Veterans Equity Compensation Fund.

The Board denied the Veteran's claim for an earlier effective date for recognition of his spouse as a dependent, finding that he did not provide necessary information until more than one year after his compensation was increased to 30 percent.

The Board determined that the appellant's discharge from military service was under dishonorable conditions due to willful and persistent misconduct, including illegal possession of controlled substances. The character of his discharge bars him from receiving VA benefits.