Other conditions decisions — 2014

The Veteran's degenerative endplate disease of the thoracic spine was found to have its onset in service, and therefore service connection is granted.

The Board has determined that the Veteran's claim for service connection for a right foot disorder is remanded due to inadequate medical evidence and the need for further examination.

The Board has determined that the evidence of record raised a claim of entitlement to TDIU based on the holding in Rice v. Shinseki, 22 Vet. App. 447 (2009), and denied entitlement to a TDIU. The case is now REMANDED for further development.

The Veteran's claim for a rating greater than 30 percent for degenerative joint disease of the right forefoot with hammertoe was denied. The Board also found that there is insufficient evidence to grant TDIU based on service-connected disability.

The Veteran died in March 2014, and the appeal is dismissed due to the death of the appellant.

The Veteran withdrew his appeal regarding compensation under the provisions of 38 U.S.C.A. § 1151 for nerve damage to lips and lower mouth due to genioglossal advancement surgery on August 26, 2003.

The Board has found that adjudication of the issues on appeal would be premature and has ordered a videoconference hearing for the Veteran.

The Veteran's claim for service connection for peripheral vascular disease was denied as there is no competent diagnosis of the condition. The issue of an initial rating higher than 30 percent for coronary artery disease remains pending.

The Board found that the reduction of the Appellant's monthly pension rate to $139.00 was proper due to an increase in her countable income, but determined that the effective date should have been February 28, 2010 instead of January 1, 2010.

The Veteran's residuals of a stroke were not the result of an event not reasonably foreseeable or any carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 for residuals of a stroke is denied.

The Veteran's service-connected hairy cell leukemia has not required medication, blood transfusions or any other type of treatment and did not result in a hemoglobin count less than 10 g/100 ml. Therefore, the criteria for a higher (compensable) rating for hairy cell leukemia have not been met.

The Veteran's low back disability, characterized as spondylolysis and L5-S1 anterolisthesis, warrants a rating of 20 percent since the initial grant of service connection. The evidence shows that forward flexion was limited to 70 degrees with pain throughout the range.

The Veteran's appeal is being remanded for additional development to ensure that all relevant evidence has been considered and the appropriate disability ratings are assigned.

The Board has remanded the case due to a lack of information regarding a refund letter from the cooperative, and affords the appellant's representative an opportunity to review the record.

The Veteran's service-connected residuals of a laceration have been rated as severe, resulting in a 30% disability rating. The tender scar has not met the criteria for an increased rating.

The Veteran's initial compensable rating for scarring due to basal cell carcinomas of the nose, right cheek, and behind the left ear was granted prior to February 13, 2012. A separate issue is pending regarding a higher rating as of that date.

The Board denied the Veteran's claims for service connection for left lower extremity thrombophlebitis and venous stasis ulcers, finding that these conditions were not incurred or aggravated by service. The acquired psychiatric disorder claim was also denied as unrelated to a service-connected disease or injury.

The Veteran does not have a current diagnosis of restless leg syndrome and the VA examiner found no link between his service and this condition.

The Veteran's service-connected anaplastic extramedullary plasmacytoma of the right tonsil and neck lymph nodes is not rated higher than non-compensable. Separate compensable ratings for secondary conditions such as distortion of taste, xerostomia with frequent urination and fatigue, and dysphagia are also denied.

The Board denied an increased rating for the Veteran's gunshot wound with pleural cavity injury, finding no clear and unmistakable error in their decision.