Other conditions decisions — 2014

The Veteran's foot conditions, including bilateral first metatarsophalangeal joint arthritis, bilateral hallux valgus, and left hallux rigidus, are found to be the result of injury incurred during active military service.

The Board has determined that the VA examination and opinion provided in September 2011 were inadequate for adjudicative purposes. The Veteran's statements of shortness of breath since service have not been addressed, nor has the evidence of a diagnosis of tuberculosis in service and its update to histoplasmosis after separation from service.

The Board finds that the Veteran does not have a compensable dental disability for which service connection can be granted, and thus denies his claim.

The Board has determined that the Veteran's pulmonary fibrosis and fibrosing interstitial pneumonitis are likely due to his in-service exposure to Agent Orange, and thus service connection is granted.

The Veteran's service-connected shell fragment wound residuals of the right arm with retained foreign body are rated at 30 percent for muscle damage and 10 percent for nerve damage. The Board has determined that a separate rating is warranted based on nerve damage, resulting in an increased rating to 40 percent.

The Board has determined that the appellant's discharge from service was under other than honorable conditions due to willful and persistent misconduct. As a result, his character of discharge serves as a bar to receiving VA benefits.

The Veteran's bilateral patellofemoral degenerative joint disease has been rated at 10 percent since the initial grant of service connection.

The Veteran's unauthorized medical expenses incurred for chest pain, gallstone pancreatitis, and pulmonary embolism were not related to a service-connected disability or a medical emergency. As such, reimbursement is denied.

The Veteran's service-connected adjustment disorder with depressed mood has been granted a 70 percent evaluation effective from June 23, 2008.

The Veteran's stasis ulcers were found to be aggravated by his service-connected diabetes mellitus, and granted service connection for this condition.,Prior to August 30, 2002, the Veteran's steatomatosis was evaluated at a 10% rating due to symptoms such as exfoliation and occasional itching. From August 30, 2002 onwards, his steatomatosis has been rated at 60%, reflecting more significant skin involvement.

The Board has remanded the case for further development, including requesting clarification from the January 2009 examiner on the etiology of the Veteran's fibrosing mediastinitis and right thigh condition. The issue of an initial disability rating higher than 30 percent for migraines with migraine variants is also being addressed.

The Board has determined that there is no current evidence of a right tibial stress fracture or its residuals, and the Veteran's symptoms are attributed to her newly diagnosed rheumatoid arthritis. Therefore, service connection for residuals of a right tibial stress fracture is denied.

The Board has determined that the Veteran's diagnosed bilateral leg cellulitis was not incurred in or related to his active military service. The preexisting condition, if any, did not become manifest during service and is not otherwise aggravated by service.

The Board found that the Veteran's current femoral artery disease is not related to his military service, herbicide exposure, or his service-connected coronary artery disease. Therefore, service connection for femoral artery disease was denied.

The Veteran's arteriosclerotic cardiovascular disease, which caused his death in December 2006, is found to be related to service and thus service connection for the cause of the Veteran's death is granted.

The Veteran's surviving spouse appealed for an earlier effective date for DIC benefits, but a May 2013 rating decision granted the benefit as of December 1997. The appeal is dismissed as the claim has been fully resolved.

The Veteran's hammertoes are found to be related to service, with reasonable doubt resolved in favor of the Veteran. The claim for hallux valgus is being remanded.

The Veteran's claim for an earlier effective date for ALS and a higher rating was denied as the evidence did not support such claims prior to the dates assigned.

The Board found that the case was referred to the Compensation and Pension Service Director for extraschedular consideration, but denied the claim as there is no remaining allegation of error of fact or law concerning the appeal.

The Veteran's benign prostatic hypertrophy has been rated at a minimum of 40 percent throughout the period of appeal. The criteria for a higher rating have not been met prior to February 14, 2012.