Other conditions decisions — 2014

The Veteran's claims for increased ratings for enucleation of the right eye and residuals of a shell fragment wound of the chest with contusion of the lung, Muscle Group III were denied as his conditions did not meet the criteria for higher disability ratings under applicable diagnostic codes.

The Board has remanded the case for further development to determine if the underlying criminal conviction, from which the Veteran violated probation, was a felony.

The Veteran's service treatment records do not show any dental trauma or injury. The Board finds no basis for granting service connection for a current dental disorder.

The Veteran died from Non-Hodgkin's Lymphoma, presumed to be caused by Agent Orange exposure. The appellant did not submit a claim for service connection within one year of the death and thus the effective date is set at the date of receipt of her July 27, 2009 claim.

The appellant has withdrawn her appeal seeking benefits under 38 U.S.C.A. § 1815 for a child born with birth defects, and the Board finds that it does not have jurisdiction to consider this matter.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for examinations to assess her right fifth toe fracture and any related plantar fasciitis.

The Veteran died before the enactment of the American Recovery and Reinvestment Act, making it impossible for him to file a claim for a one-time payment from the FVEC Fund. As such, the appellant's surviving spouse has no legal entitlement to this benefit.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing a VA examination to determine if his bilateral hammertoe deformity is related to his military service.

The Board denied apportionment of the Veteran's nonservice-connected pension benefits, finding that it would cause undue financial hardship to the Veteran.

The Veteran's appeal is being remanded due to the need for an in-person hearing before a Veterans Law Judge (VLJ) at the local RO.

The Veteran's skin cancer is found to have developed as a result of ionizing radiation exposure during active service, and the claim for service connection is granted.

The Veteran's peripheral vascular disease of the left and right lower extremities have been rated at 40 percent each, effective from the date of the rating decision.

The Board has determined that the Veteran's income exceeded the maximum amount allowed for non-service connected pension benefits, leading to the termination of his pension and creation of an overpayment.

The Board has remanded the case for further development, including a VA examination and an addendum opinion to reconcile conflicting medical evidence.

The Board denied the Veteran's claim for payment of unauthorized medical expenses incurred at San Jacinto Methodist Hospital due to lack of evidence meeting all criteria under 38 U.S.C.A. § 1725.

The Veteran's heart murmur was not shown during service or for several years thereafter, and the preponderance of evidence fails to establish that it is related to his military service.

The Veteran's residuals of a GSW to the left buttock, status-post laparotomy and colostomy are manifested by nightly left-sided abdominal pain and intermittent diarrhea two (2) to three (3) times a day. The Board finds that the criteria for a 40 percent rating have been met.

The Board finds that the Veteran's current Restless Leg Syndrome is not related to his active service and does not meet the criteria for secondary service connection due to a service-connected disability. The evidence does not support a finding of direct service connection.

The Veteran's claim for service connection for leukemia, including chronic lymphocytic leukemia, was denied as there is no confirmed diagnosis of the condition and VA has not found a link between his claimed disability and his military service.

The appellant is not entitled to VA death pension benefits as her income exceeds the maximum annual pension rate for 2011 and 2012.