Other conditions decisions — 2013

The Veteran's appeal involves a request for an increased rating for his service-connected right tibia and fibula fracture residuals, including whether he is entitled to a separate rating for the associated painful right hip. The case has been remanded due to the need for additional development.

The Board denied the appellant's claim to be recognized as the decedent's surviving spouse for VA benefits due to a lack of valid marriage, despite her claims and testimony.

The Board found that the cause of death (metastatic esophageal cancer) was not related to service, including exposure to herbicides. Therefore, the claim for service connection for the cause of the Veteran's death is denied.

The Board found that the Veteran's current left hip disability is not related to his military service and denied his claim for service connection.

The Veteran's lung disability is being remanded for further development, including a VA examination to determine its etiology. The PTSD rating issue remains in appellate status.

The Veteran's mood disorder associated with a medial meniscectomy of the right knee is productive of total social and occupational impairment, warranting a 100 percent rating.

The Veteran's foot disabilities have been manifested by pain, scaly skin lesions and calluses on the great toes, in-toeing of his fifth toes, increased pain after prolonged walking, some limitation of motion, slight caving in of the heels of the shoes on the left worse than the right, and flat feet throughout the period relevant to the current appeal. The level of impairment demonstrated by the Veteran's foot disabilities amounts to no more than a moderately severe level of impairment bilaterally for the entire rating period on appeal.

The Board found that the Veteran's cause of death, pulmonary embolus due to or a consequence of pulmonary fibrosis, was not caused by service-connected conditions. The claims for service connection for pulmonary fibrosis, anemia, and gastrointestinal disorder were also denied as they are not shown to be related to service.

The Veteran's claim for service connection for a bilateral leg and foot disorder, including as due to in-service herbicide exposure, is being remanded for additional development.

The Board found that the Veteran's liver disorder, manifested by abnormal LFTs, was not incurred in or aggravated by his active military service.

The Board denied the Veteran's claims for service connection for deep neck cyst with squamous cell carcinoma and bad teeth with dry mouth, finding no evidence of a direct relationship to military service or herbicide exposure.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and Social Security Administration disability determination records.

The Board found that the appellant's service-connected residuals of a fractured right femur are manifested by chronic left hip and knee pain, which is analogous to a moderate right hip or knee disability. At no time has his residuals of a fractured right femur been manifested by symptomatology more nearly approximating a marked right hip or knee disability.

The Board denied an extraschedular rating greater than 10 percent for bilateral vitreous floaters, beginning April 6, 2010.

The Board has remanded the Veteran's claims for further development due to insufficient medical opinions in the October 2010 examination report.

The Veteran's left knee disability has been rated at 10 percent since August 19, 2002. The evidence does not support a higher rating based on the current level of functional impairment.

The Veteran's claim for service connection for residuals of dehydration was denied. His claims for increased ratings for lumbar discogenic disease, right lower extremity radiculopathy, and surgical scarring resulting from umbilical hernia repair were also denied. The Veteran's claim for a TDIU was not addressed as it is part of an initial rating claim.

The Board has remanded the case for additional development, including consideration of new treatment records and evidence submitted by the appellant. The claim will be reconsidered in light of these developments.

The Board has determined that the Veteran's nasal fracture residuals are related to her in-service injury and grants service connection for these conditions.

The Veteran's bilateral breast reduction resulted in a significant alteration of the size of her breasts, warranting an initial 50 percent rating under Diagnostic Code 7626.