Other conditions decisions — 2013

The Veteran's right thumb fracture is not manifested by a gap between the thumb pad and fingers, thus no compensable rating can be assigned. The left foot disorder was not incurred in or aggravated by service.

The Board has granted a waiver of recovery for an overpayment of $4,672.30 due to concurrent payment of dependency allowance and DEA benefits.

The Board finds that the appellant does not have current diagnoses of pelvic inflammatory disease or abdominal cramps and vomiting due to service. The preponderance of evidence indicates these conditions are unrelated to her military service.

The Board has granted service connection for an acquired psychiatric disorder, specifically adjustment disorder and depressed mood, as a direct result of the Veteran's military service.

The Veteran does not have a right diaphragm disability that is attributable to his active military service, including presumed herbicide exposure.

The Veteran's appeal is remanded due to the need for additional VA and private treatment records, as well as a new examination. The case will be adjudicated again after these are obtained.

The Board found that the Veteran was a fugitive felon due to an outstanding warrant from November [redacted], 2005, through February [redacted], 2006 and denied restoration of disability compensation.

The Veteran's death was not due to a service-connected disability, and he did not have a permanent total service-connected disability at the time of his death. The appellant's claim for accrued benefits is denied as there were no pending claims for VA benefits during the Veteran's lifetime. Her claim for DEA benefits under Chapter 35 is also denied.

The Board has determined that the Veteran's malignant thymoma, which caused his death in January 2003, is related to his active service and grants service connection for the cause of the Veteran's death.

The Board has determined that additional development is necessary prior to the adjudication of these claims, including obtaining relevant private treatment records and VA treatment records from the years leading up to the Veteran's death. A VA medical opinion should also be obtained regarding the etiology of the conditions listed on the Veteran's death certificate.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his duodenal ulcer with gall bladder removal.

The Board found that the appellant's countable annual income exceeded the maximum annual pension rate (MAPR) for payment of VA death pension benefits, necessitating termination of her benefits effective January 1, 2008.

The Veteran's claim for special monthly compensation based on the need for aid and attendance/housebound status is granted effective January 17, 2008.

The VA has granted a 30 percent rating for the appellant's service-connected restrictive and obstructive pulmonary disease, effective June 3, 2010. The maximum schedular rating of 60 percent was not assigned as his condition did not meet all criteria for such.

The Board has reopened the Veteran's claim of service connection for a urethral stricture and finds that it is causally related to injuries and treatment incurred during his active service. As such, the claim is granted.

The Board has granted an effective date of July 20, 2005 for the addition of the Veteran's spouse, M.N.F., to his VA compensation award.

The Veteran's claim for an earlier effective date for service connection for a left leg disability was denied as the correct effective date is June 9, 2008, which is the date of receipt of his claim.

The Veteran's claim is being remanded due to the need for additional development, including a new VA examination and obtaining medical records.

The Board has determined that additional development is needed to determine the Veteran's competency level and has remanded the case for further action.

The Veteran's right foot disability is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted based on the evidence of record. The Veteran's service-connected fractures do not result in severe impairment.