Other conditions decisions — 2013

The Board has remanded the case due to insufficient evidence regarding whether a service-connected disability contributed to or aggravated the Veteran's development of chronic osteomyelitis, which may have caused his death.

The Veteran's claim for an increased rating and TDIU was denied. The Board found that the current 10 percent disability rating for residuals of a traumatic avulsion injury of the right fourth flexor profundus tendon with reconstruction is appropriate, and there are no exceptional circumstances warranting extraschedular consideration.

The Board denied the Veteran's claims for service connection for venereal disease and sinusitis, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim of sinusitis. The decision regarding venereal disease was based on a VA examination which concluded it is less likely than not related to military service.

The Veteran's service-connected stress fractures of the tibiae are manifested by complaints of pain and tenderness with no malunion or limitation of joint function. The Board finds that a compensable rating is not warranted for these disabilities.

The Board found that the appellant does not have a service-connected disability and thus is not considered a Veteran for purposes of service connection. The claim for residuals of a right hand injury with ulnar nerve paralysis was denied as there was no evidence showing the condition was incurred or aggravated by active duty.

The VA denied the Veteran's claim for service connection for a pulmonary disability, finding that there is no evidence of asbestos exposure during service and concluding that his current condition is not related to military service.

The Board found that the Veteran's current left hand and thumb injury, with left ulnar nerve deficit, was not incurred in or aggravated by active military service.

The Veteran's service-connected left thumb fracture is currently rated at 10 percent, and the Board finds that it does not meet or approximate the criteria for a higher rating.

The appellant was not legally married to the Veteran at the time of his death, as a valid divorce decree had been entered in April 2007. Therefore, she cannot be recognized as his surviving spouse for purposes of survivor benefits.

The Veteran's service-connected squamous cell carcinoma of the larynx, which was rated at 100 percent disabling at the time of his death in January 2007, is considered to have contributed substantially or materially to his cause of death (liver cancer with metastasis of the larynx). The Board finds that service connection for the cause of the Veteran's death is granted.

The Board has denied the appellant's claim to reopen his character of discharge issue, finding no new and material evidence to support reopening the case.

The Board found that the appellant's bilateral hip disorder was not incurred in or aggravated by service, and denied his claim.

The Board denied an earlier effective date for service connection due to the lack of evidence showing that the Veteran's pre-existing schizoaffective disorder was aggravated by service, and because the new evidence submitted did not change the outcome.

The Board found that the Veteran's hypertrophic cardiomyopathy, status post alcohol ablation, right bundle branch block with progressive complete heart block and implantable cardioverter-defibrillator did not result in an additional disability due to VA's deviation from regulatory requirements for informed consent. The decision concluded that compensation under 38 U.S.C.A. § 1151 was denied.

The Board found that the Appellant does not legally qualify for a one-time payment from the FVECF due to his forfeiture of benefits under VA laws, and thus denied the claim.

The Board granted a separate evaluation of 20 percent for left knee limitation of flexion from April 20, 2012. The appellant's right knee condition is rated as noncompensable.

The Veteran's death was caused by pneumonia, multi-organ failure, and dementia. The service-connected conditions did not cause or contribute to his death.

The Veteran's TDIU rating was granted effective April 30, 2008. The Board found that the criteria for a TDIU were met as of June 5, 2006, and thus an earlier effective date is warranted.

The Board found that the Veteran's speech disorder did not clearly and unmistakably exist prior to service, but there was clear and unmistakable evidence showing it was not aggravated by active service. The Board also noted that Huntington's disease is a separate issue from the speech disorder claim.

The Veteran's service-connected post-operative residuals of a right index finger injury do not meet the criteria for SMC based on loss of use of the hand. The separate condition, trigger finger, has resolved and does not affect his ability to work.