Other conditions decisions — 2013

The Veteran's herniated nucleus pulposus at L-5 is not productive of forward flexion of the thoracolumbar spine to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or, incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months. Therefore, his claim for increased evaluation is denied.

The Veteran requested to withdraw his appeal for a total rating based on individual unemployability, and the Board has dismissed the appeal.

The Veteran's appeal is being remanded for the purpose of obtaining additional evidence regarding her earned income from 2004 to 2009, in order to determine if she was entitled to TDIU prior to December 29, 2009.

The Board denied service connection for a psychiatric disorder, finding that the Veteran's personality disorder preexisted service and was not aggravated by military service.

The Board has determined that the Veteran's cholecystectomy and its residuals are related to her military service, granting her claim for service connection.

The Board found that the Veteran does not currently have residuals of frozen feet and denied his claim for service connection.

The Board has determined that the Veteran's gout is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case due to insufficient medical evidence regarding a distinct disability manifested by ear pain, and for obtaining treatment records and an examination.

The Veteran's increased rating claim for lateral collateral ligament strain of the left knee was granted, with a current evaluation of 10 percent.

The Board is unable to determine if the Veteran's current right eye disability was caused by VA care in August 1992, as there are no causal relationships identified. The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for retinal detachment of the right eye remains pending.

The Board found that the Veteran's right upper extremity disability was not caused by VA negligence or error, and thus denied his claim under 38 U.S.C.A. § 1151. The nerve damage of the right wrist, arm, shoulder, and neck were also not service-connected as they did not have their clinical onset in service and are not otherwise related to active duty.

The Board is reopening the claims for reactive airway disease and ulcerative colitis, but has not yet decided whether service connection should be granted.,Further evidence may be needed to determine if these conditions are related to service.

The Board has determined that additional evidence is needed to determine the cause of the Veteran's death and to adjudicate his claims for service connection for the cause of death and burial benefits. The appellant will be asked to provide releases for relevant medical records, including those from Cape Canaveral Hospital.

The appellant is not eligible for apportionment of the Veteran's disability compensation benefits as their marriage was legally terminated by divorce, and they are no longer considered dependents.

The Board 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 granted service connection for a left eye stye and awarded a 10 percent initial rating for bilateral heel spurs, effective June 1, 2009.

The Board denied the veteran's claim for a one-time payment from the FVEC Fund due to lack of qualifying service as per the American Recovery and Reinvestment Act.

The Veteran's claim for service connection for left hip arthritis with arthroplasty is being remanded due to the need for additional development, including a VA examination.

The Veteran's claim for a compensable rating for basal cell carcinoma of the left nasal tip, right nasal tip, and left jaw line has been granted. The VA examiner found that the Veteran had one tender scar from his service-connected basal cell carcinoma on the bridge of his nose, which is rated 10 percent under Diagnostic Code 7804.

The Veteran's appeal is currently in remand status due to the need for adjudication of a claim of clear and unmistakable error (CUE) in a January 1946 rating decision. The CUE claims are intertwined with the current issue, which pertains to a higher disability rating for loss of part of the skull, intermediate area.