Other conditions decisions — 2013

The Veteran's residuals of a SFW with retained foreign body have been rated at 20 percent, the maximum schedular rating available for muscle injury to Muscle Group II.

The Veteran's service-connected left eye disability, which includes a retained foreign body and glaucoma, does not cause any impairment in visual acuity or field vision that would warrant a compensable rating under the applicable VA rating criteria.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as he did not incur additional disability, to include myopathy or rhabdomyolysis, as a result of VA statin therapy.

The Veteran withdrew his appeal for an increased rating for his service-connected bilateral vertical talus disability.

The Board dismisses the appellant's claim for benefits for a child born with spina bifida and denies her claim for benefits for a child born with birth defects due to lack of legal entitlement under applicable laws.

The Veteran's appeal is being remanded due to incomplete development and the need for updated evidence. The Board will review his pension claim again after all necessary steps are taken.

The Board has determined that a remand is necessary to obtain additional medical records and to schedule the Veteran for an examination to determine if his current bilateral leg disability is related to service.

The Board finds that the Veteran's current cardiac disabilities are not related to his military service and do not qualify for service connection.

The Veteran's appeal is being remanded for further development of his service-connected right foot disability, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that the Veteran's right elbow olecranon bursitis is a direct result of an injury sustained during reserve service in 1975, and thus grants service connection for this condition.

The Board has determined that the Philadelphia ROIC does not have jurisdiction over this claim and that the Appellant's notice of disagreement was untimely. The case is being remanded for further action.

The Veteran's claim for increased ratings for bilateral vision loss with cataracts and iritis was granted, but the effective dates were not determined. The Veteran received a 30 percent rating for iritis beginning March 25, 2009, and separate ratings for visual field loss of the bilateral eyes, but no effective date earlier than March 25, 2009, was assigned.

The Board found that the Veteran's current cyst, left buttock and residuals of a fracture of the left great toe are not related to his active service.

The Veteran's esophageal cancer was not related to his service, including exposure to herbicides in Vietnam. The claim for service connection is denied.

The Veteran's residuals of right clavicle fracture are not manifested by forward flexion and abduction of the shoulder midway between the side and shoulder level or measuring approximately 45 degrees or less at its most limited, even when taking into account limited motion due to pain. Therefore, his claim for an evaluation in excess of 20 percent is denied.

The Board has determined that the severance of service connection for myelodysplastic syndrome with neutropenia anemia, to include as due to ionizing radiation exposure, was improper and has restored this benefit.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a skin disorder, which he contends was caused by VA treatment or care, including the prescription of Lisinopril. The case is being remanded to schedule a VA examination to determine if his dermatitis is related to this treatment.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. Chapter 18 for a disability due to spina bifida because her father did not have service in the Republic of Vietnam, and there is no evidence she has been diagnosed with spina bifida.

The Veteran's service was recognized, but he did not file a claim for the FVEC Fund prior to his death. The Appellant is the surviving spouse and does not meet the eligibility requirements for this benefit.

The Board has determined that the appellant is not recognized as the Veteran's surviving spouse for purposes of Dependency and Indemnity Compensation (DIC) benefits, death pension, and accrued benefits due to a lack of evidence showing a valid common law marriage.