Other conditions decisions — 2014

The Board has determined that the Veteran's current eye disorders, including retinal detachment of the right eye and left eye disorder, are not related to service or any service-connected disability. The VA examiner found no evidence linking these conditions to Agent Orange exposure, diabetes mellitus, or in-service events.

The Veteran's right and left foot injuries are currently evaluated as 10 percent disabling, reflecting moderate impairment. The Board finds that the evidence does not support a higher rating.

The Veteran is entitled to an initial 40 percent rating for dysthymic disorder, effective October 28, 2005.

The Veteran's service-connected chronic lower back pain, status post L4-5 fusion, is rated at the highest available under the General Rating Formula for Diseases and Injuries of the Spine. The other issues are not addressed as they do not involve service connection.

The Veteran's elbow joint problems and chronic skin rash are service-connected, but his memory loss is not. The skin condition was related to service, while the elbow issues were not shown to be due to a qualifying chronic disability under 38 C.F.R. § 3.317.

The Board has denied the Veteran's claims for service connection for conjunctivitis and stomach disorder, finding no new and material evidence to reopen these previously denied claims.

The Veteran's loss of bladder sensation, attributed to a hernia repair during active service, is found to have been incurred in service and service connection is granted.

The Veteran's appeal is currently pending and requires additional development of her claims for service connection for various conditions, including an eye disorder, breast disorder, and gynecological disorder. Her claim for a higher rating for PTSD with polysubstance abuse in full sustained remission remains under review.

The Board has ordered a remand to obtain VA treatment records and provide an opinion on the relationship between the Veteran's fatal conditions and his service, including exposure to herbicides. The appeal is currently in remand status.

The Board finds that the Veteran's claimed disability of dizziness and motion sickness is not related to his service-connected traumatic brain injury, post concussion and contusion brain syndrome.

The Veteran's claim for service connection for anosmia is granted, as he has a current diagnosis and it is etiologically related to his active service. The claim for residuals of pneumonia is denied, as there is no evidence of a current disability.

The Veteran is granted a TDIU due to service-connected gouty arthritis, which renders him unable to secure and maintain substantially gainful employment.

The Veteran's appeal is being remanded to schedule a VA examination for his service-connected varicose veins of the lower extremities.

The Board has denied the appellant's claim for nonservice-connected death pension benefits as she does not meet the eligibility criteria due to her service record. The appeal is also denied.

The Board has remanded the issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for the cause of the Veteran's death due to the appellant not meeting the income limit for nonservice-connected death pension benefits as of June 1, 2008.

The Board has determined that the Veteran's residuals of left foot injury have been rated at a 10% disability level prior to September 21, 2010. Effective from September 21, 2010, the disability is rated at a 30% disability level.

The Board finds that the Veteran is entitled to an effective date of December 2, 2008 for additional compensation benefits for a dependent spouse as he submitted dependency information within one year of a rating action that gave rise to such entitlement.

The Veteran's death was caused by his own actions, including deliberate overdose of prescribed medications and illegal use of alprazolam. VA did not cause the Veteran's death.

The Board has remanded the case due to incomplete records and issues related to total disability rating based on individual unemployability.

The Board has determined that the appellant is not legally entitled to VA death pension benefits due to excessive income, and thus her claim of entitlement to death pension benefits must be denied.