Other conditions decisions — 2014

The Board has remanded the case for further action due to additional evidence submitted by the Veteran, and an accounting of the calculated amount of the Veteran's monthly pension payments taking into account all permissible offsets must be prepared.

The Board has determined that the appellant does not have qualifying service for VA purposes and therefore is not entitled to nonservice-connected disability pension, to include special monthly pension benefits.

The Veteran's TDIU and DEA benefits were terminated as of December 1, 2011 due to his employment exceeding the poverty threshold. The Board found that he was actually employable at the time.

The Veteran's right hand fifth metacarpal fracture has been rated as noncompensable, and the evidence does not support a higher rating based on current functional impairment.

The Veteran's cause of death was attributed to pancreatic cancer, which the VA medical opinion found not related to service. The Board denied service connection for the cause of death as there is no evidence linking the Veteran's pancreatic cancer to his military service.

The Board has remanded the Veteran's claim for service connection for pituitary adenoma, postoperative due to insufficient medical evidence and a need for a VA medical opinion. The case will be further developed before being readjudicated.

The RO reduced the Veteran's rating for pleural fibrosis with interstitial lung disease from 60 to 30 percent effective December 1, 2012, finding clear and unmistakable error (CUE) in the May 2011 decision that assigned a 60 percent evaluation.

The Veteran's service-connected peripheral vestibular disorder has been rated at 30 percent since October 22, 2012. Prior to this date, the disability was rated at 10 percent.

The Board found that the Veteran's uterine fibroids and anemia, status-post supracervical partial hysterectomy, were not incurred in or aggravated by service.

The Veteran's appeal is being remanded to the VAMC Tucson for reconsideration of his claim in light of the amended version of 38 U.S.C.A. § 1725, due to a lack of clear accounting of total medical treatment costs and third-party payments.

The Veteran's varicose veins of the left lower extremity are found to be at least as likely as not related to his service, and he is granted service connection for this condition. The neurological condition of the lower extremities remains pending.

The Board has remanded the case for additional development, including obtaining VA treatment records and arranging for a VA examination to assess the severity of the Veteran's service-connected bilateral conjunctivitis. The claim will be adjudicated again based on the new evidence.

The Board has remanded the case due to failure to substantially comply with previous remand directives and unclear examination results. The Veteran needs a VA neurology examination to determine if his hyperintense brain lesions are separate from or related to his service-connected hypertension and migraines.

The Veteran's claim for an increased initial evaluation for his service-connected osteochondroma of the distal left fibula with deformity was denied. The Board found that the evidence did not show marked limitation of motion, which is required for a rating in excess of 10 percent under Diagnostic Code 5271.

The Board has remanded the case for further development, including obtaining a VA addendum opinion from the previous February 2014 examiner to consider the September 2002 private ultrasound of the abdomen.

The Veteran's claim for service connection for lymphoma or a disability manifested by lymphadenopathy was denied as there is no current diagnosis of these conditions.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a Travel Board hearing. The Veteran's claim to reopen his service connection claim for residuals of a cold injury, left foot is pending.

The Board has remanded the case for additional development, including a VA examination and medical opinion addressing the etiology of the claimed right eye cataract. The Veteran's claim is currently in a pending state.

The Board found that the grant of service connection for cough/shortness of breath as due to undiagnosed illness, status post uvuloplasty was clearly and unmistakably erroneous because current findings attributed the Veteran's respiratory symptoms to chronic obstructive pulmonary disease caused by his post-service employment. The appeal is granted.

The Board found no evidence to support the Veteran's claim that his current lung disorder and atelectasis are related to service, including exposure to asbestos or other toxins. The preponderance of the evidence is against the claim.