Other conditions decisions — 2013

The Board has determined that the case requires further development due to incomplete medical records and a need for an updated VA examination.

The Veteran seeks an increased initial evaluation for pleural plaques due to asbestos exposure. The current evaluation is 10 percent, and the Board finds that additional development is necessary before a decision on the merits can be reached.

The Veteran's claim for a rating in excess of 10 percent for residuals of an open reduction and internal fixation of the right radius is being remanded due to the need for additional examination and notification.

The Board has granted service connection for diffuse idiopathic skeletal hyperostosis, finding that the Veteran's current condition is related to his in-service back complaints and subsequent treatment.

The Board has determined that further development is necessary before the issue of service connection for residuals of cold injuries can be decided.

The Board denied DIC benefits as the appellant did not meet the criteria for recognition as the Veteran's surviving spouse or children due to her remarriage at age 55.

The Veteran's irrevocable election for Post-9/11 GI Bill benefits as of March 1, 2010 is denied.

The Board has determined that the appellant did not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the RO's February 2, 2009 denial of service connection for a skin disorder of the left leg was not final. As such, the Veteran's original claim remains pending and is now before the Board.

The Board denied the appellant's claim for waiver of overpayment of death pension benefits, finding that recovery would not be against equity and good conscience.

The Veteran's left foot metatarsalgia is currently evaluated at a 10 percent rating, and the Board finds that this evaluation is appropriate given the symptoms reported.

The Veteran's appeal is remanded to the RO for consideration of additional evidence and to determine his eligibility under Chapter 30, Title 38, United States Code. The case will be returned to the Board after further development.

The Board has remanded the case for additional development, including another examination and VCAA notice.

The Veteran's eligibility for Veterans Mortgage Life Insurance (VMLI) was denied because the specially adapted housing grant had not been approved prior to his death, and thus VMLI could not be granted.

The VA has determined that the Veteran does not have toxic encephalopathy or any other neurological disability associated with in-service exposure to toxins, solvents, and vaccinations.

The Veteran's arthritis of the bilateral hands is found to be service-connected as a direct result of his active duty service.

The Veteran's spouse does not have disabilities that render her unable to adequately attend to the needs of daily living without regular assistance, and therefore, the claim for special monthly compensation based on the need of his wife for regular aid and attendance of another person is denied.

The Veteran's claim for an increased rating for residuals of a shell fragment wound to the left thigh with partial paralysis of the anterior crural nerve was denied. The uniform 20 percent rating is proper as his symptoms have approximated at most moderate incomplete paralysis.

The Board has remanded the case for additional development, including obtaining treatment records and providing notice of secondary service connection laws. A VA examination is also required to determine the relationship between the Veteran's current left foot disorders and his service-connected left thigh disorder.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for prurigo nodularis. The weight of the most probative evidence is in relative equipoise on the question of whether the Veteran's condition was incurred or aggravated by service.