Other conditions decisions — 2013

The Board is remanding the case to ensure that all notification and development action required by the VCAA are completed, including notifying the appellant of the basis for the June 2002 determination that his discharge is a bar to VA healthcare benefits and providing information on what evidence would be sufficient to reopen his claim.

The Board has reopened the Veteran's previously denied claim for service connection for anal fissures and finds that new and material evidence has been received. The Veteran experienced symptoms of rectal bleeding and pain in 1971, shortly before her separation from active duty, which she attributes to an anal fissure. While there is no direct evidence linking the condition to service, the Board concludes that the Veteran's symptomatology during service provides a reasonable possibility of substantiating her claim.

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to the need for additional development of evidence. The RO/AMC will consider all submitted evidence in their initial consideration.

The Board has dismissed the appeal due to the death of the appellant, as the claimant's spouse.

The Veteran's residuals of a right hand blast injury have been rated as 10 percent disabling since October 1, 2008.

The Board found that the Veteran's current bilateral foot injuries, including hallux rigidus, are not related to his military service and denied his claim for service connection.

The Veteran sustained a sacral decubitis ulcer as a direct result of negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part during his hospitalization at the Nashville VAMC. The Board has determined that this additional disability is due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part and compensation under 38 U.S.C. § 1151 for a sacral decubitis ulcer is granted.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA dermatology examination to determine the nature and etiology of any current skin disorder.

The Board found that the Veteran's TMJ syndrome did not initially manifest during his military service and is not related to any service-connected disability. Therefore, he was denied entitlement to service connection for this condition.

The Veteran's claims for increased ratings for right and left leg shin splints were denied as there was no evidence of more than slight impairment or disability associated with the conditions.

The Board has determined that arthritis of the hands and fingers is not service connected, but arthritis of the wrists was found to be due to or aggravated by service.

The Board has decided to remand the case for additional development, including obtaining information on asbestos exposure during service and providing a supplemental medical opinion regarding the etiology of any pleural effusions and COPD.

The Veteran withdrew his appeal regarding the TDIU prior to July 22, 2005.

The Board has remanded the case for further development, including a review by a VA physician to determine if the current non-ulcerative dyspepsia is aggravated by service and whether there is undebatable evidence that the increase in preexisting condition during service was due to natural progress of the preexisting condition.

The Veteran's fatigue disability is found to be at least as likely as not caused by his service-connected disabilities, including his right knee arthritis and lumbar spine degenerative joint disease.

The Board has determined that the Veteran's claimed bilateral foot and stomach disabilities were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Board found that the Veteran's middle back disability did not manifest in service or within one year of separation and is not related to his military service, thus denying his claim for service connection.

The appellant has withdrawn his appeal regarding the issue of entitlement to a disability evaluation in excess of 10 percent for gastritis.

The Veteran's appeal on the issue of entitlement to an initial rating in excess of 10 percent for a chronic low back pain disability was dismissed as he withdrew his appeal prior to decision.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran, but she does not meet the income criteria for receiving death pension benefits.