Other conditions decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new examination by an examiner to address the extent of his service-connected right leg disability and its impact on employment.

The Veteran's appeal is being remanded for additional examination and opinion to determine if his current hip disability was incurred due to service or secondary to his service-connected knee and back disabilities.

The Board has determined that the appellant and the Veteran were legally divorced in approximately May 1975, and thus she cannot be recognized as his surviving spouse for purposes of establishing eligibility for death pension and special monthly pension benefits.

The Board has remanded the case for additional development and consideration of the Veteran's claims for service connection for bronchiectasis and for the cause of death.

The Board denied service connection for chronic residuals of Coumadin(r) usage, finding no evidence of a current disability resulting from the Veteran's use of Coumadin(r). The claim was also remanded to determine if there were any residual disabilities due to Coumadin(r), but the VA examination did not find any such disabilities. The Veteran's depression is already service-connected.

The Board found that the Veteran's son, C.P.J., was not permanently incapable of self-support prior to his eighteenth birthday and thus did not meet the criteria for recognition as a helpless child.

The Board has determined that new and material evidence sufficient to reopen the Veteran's claim of entitlement to service connection for squamous cell carcinoma of the soft palate has not been received. The claim may not be reopened.

The Board denied the appellant's claim for VA benefits as he did not have service in the active military, naval, or air service and therefore does not meet the requirements of basic eligibility for VA benefits.

The Veteran's Haglund's deformity of the right and left feet resulted in pain, tenderness, and mild impairment. The VA examiners found no evidence of skin breakdown, tendonitis, or other marked deformities resulting in more than moderate impairment.

The Veteran's left thigh disability, characterized by a femur fracture with atrophy and shortening of the lower extremity, results in no more than slight left knee or hip disability and moderate impairment of the left thigh muscle. The criteria for an evaluation in excess of 10 percent have not been met.

The Veteran's appeal for a reduction in the rating for his right elbow dislocation was granted, and he is now entitled to a 40% rating. His claims for increased ratings and extension of temporary total ratings were denied.

The Veteran's eye disability, diagnosed as bilateral cataracts and refractive error of the eyes, was not incurred in or aggravated by active military service. The skin disability claim has been reopened due to new evidence submitted. Service connection for a joint disability is pending.

The Board has determined that additional development is necessary to determine the validity of the overpayment and to allow for a fair consideration of the Veteran's request for waiver. The case will be remanded for further action.

The Veteran's appeal is being remanded for further development, including obtaining additional medical evidence and providing a VA psychiatric examination to assess the severity of his panic disorder. The TDIU claim is also part of this appeal.

The Veteran's spouse died in January 2008, and the Appellant filed a claim for accrued benefits. The Board found that the Appellant is not eligible for payment of accrued benefits as she does not meet the statutory definition of 'child' under 38 U.S.C.A. § 101(4)(A) to be eligible for the payment of accrued benefits.

The Veteran's claim for an increased rating for his service-connected residuals of a fractured right patella is being remanded due to the need for additional examination and consideration.

The Board found that the Veteran's gastritis has not resulted in any of the required symptoms or conditions to warrant a compensable rating under the applicable VA rating criteria.

The Veteran's claims are being remanded for additional development, including obtaining VA and SSA records, as well as scheduling the Veteran for a VA examination to address his spine and skin disorders.

The Veteran's bilateral shin splints have been rated at 10 percent since April 1, 2009. The condition causes constant pain with associated weakness and tenderness of the ankles, limiting his ability to conduct daily activities and work.

The Board found that the Veteran's metatarsalgia of both feet did not meet or approximate the criteria for a disability rating in excess of 10 percent.