Other conditions decisions — 2013

The Board has remanded the case for additional development and issuance of a supplemental statement of the case, as the appellant asserts she submitted a claim for DIC benefits prior to her remarriage.

The Veteran's request for a special monthly compensation based on aid and attendance or housebound status is remanded due to the need for additional development, including scheduling a hearing at the RO.

The Veteran's stroke residuals are restored to a 100% rating as of July 1, 2009. The reduction from 100% to 40% was improper and is now vacated.

The Veteran's claim for service connection for a urinary condition is being remanded due to the need for additional development, including scheduling of a VA examination and obtaining relevant medical records.

The Veteran's service-connected residuals of a hernia are currently evaluated as noncompensable, but the Board finds that an initial 10 percent rating is warranted.,For his service-connected residuals of a fractured mandible, the Veteran was granted a 10 percent rating effective November 17, 2010. The Board did not find any basis to grant a higher rating prior to this date.

The Veteran's appeal is being remanded to obtain additional service records and to schedule him for a VA examination to determine the nature and etiology of his arthritis, as well as to assess the severity of his right leg calf injury.

The appellant is not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for death pension benefits.

The Veteran's service-connected right fifth finger disability, which is a fracture that has resulted in pain and decreased strength but no ankylosis or functional impairment requiring amputation with prosthesis, does not warrant a compensable evaluation.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma of the head, neck, and tonsils due to herbicide exposure as there was no evidence linking his cancer to his military service or presumed herbicide exposure.

The Veteran's claim for service connection for esophageal cancer and its residuals, including fatigue and memory loss, is being remanded due to the need for additional development of his VA treatment records and Social Security Administration (SSA) records. He will also be scheduled for a VA examination.

The Veteran's Graves' disease, which is currently rated as 10 percent disabling under Diagnostic Code 7903 (hypothyroidism), does not meet the criteria for a higher rating based on symptoms such as tachycardia, tremor, and increased pulse pressure or blood pressure. The Veteran has been diagnosed with sleep apnea, which is separately rated.

The Board has decided to remand the Veteran's claim for service connection of a left hip disorder due to insufficient evidence regarding the current nature and etiology of his claimed condition. The case will be returned to the RO/AMC for further development, including obtaining additional VA treatment records from Alaska and requesting that the Veteran provide any relevant private medical records.

The Veteran's service-connected right foot neuroma metatarsalgia and traumatic fracture did not require surgery, so she is not entitled to a temporary total rating.

The Board has determined that the appellant did not file a timely notice of disagreement regarding the April 2010 decision awarding DIC benefits effective February 24, 2009. The appeal is denied.

The Veteran's neck and back injuries, including dizziness, sleep problems, and numbness in the extremities, are considered to be service-connected based on direct evidence of injury during active duty.

The Veteran's squamous cell carcinoma of the face has been rated at 30 percent since May 23, 2012. This is a higher rating than what was previously assigned prior to that date.

The Board denied the Veteran's claims for an initial compensable rating for a fracture of the left fifth metatarsal and service connection for a dental disability, including a broken tooth. The evidence did not meet the criteria for a compensable rating or service connection under applicable VA regulations.

The Veteran's pre-existing fractured lateral condyle, left humerus, without union was aggravated by his active military service and granted service connection for residuals of this condition.

The Board has determined that the Veteran's cause of death, a malignant neoplasm of the brain, was incurred during his active duty service.

The Board found no evidence of a diagnosed disability related to the Veteran's claimed conditions and denied service connection for memory loss, joint pain, and skin tags.