Other conditions decisions — 2014

The Veteran's income exceeds the maximum annual pension rate (MAPR) for a Veteran with one dependent. The case is REMANDED to determine if expenses from Thomas Circle Senior Living Community can be deducted as medical expenses or nursing home expenses, and to recalculate his income based on such deductions.

The Veteran is seeking service connection for spondylosis at L4 to L5, which he claims as back pain. The Board has ordered additional development of his claim due to the possibility of outstanding private medical records.

The Board determined that the Veteran's right eye condition is not related to his military service and denied the claim.

The Veteran's squamous cell carcinoma of the left tonsil is found to be attributable to his in-service herbicide exposure, and service connection for this condition is granted.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's claimed joint disorders.

The Board has determined that the Veteran's net worth is in excess of what is legally allowed for payment of nonservice-connected pension benefits, and thus denied his claim.

The Board has remanded the case for additional development, including obtaining VA treatment records and requesting an opinion from a VA examiner regarding the relationship between the Veteran's infertility and her military service.

The Board has ordered the case back to the RO for additional development, including obtaining treatment records and clarifying the Veteran's claims. The Veteran is asked to provide information about any healthcare providers who treated him for his bilateral foot disorder at VA facilities other than Chula Vista since May 2009.

The case is being remanded due to the need for notification in a simultaneously contested claim involving J.H.

The Board restored the Veteran's ratings for his service-connected status-post stress fractures of the right tibia, right talar bone, left tibia and left talar bone to 20 percent each. The rating for histoplasmosis was also restored to 20 percent. The claim for service connection for cryptococcosis was granted based on new evidence.

The Veteran's right second finger disability was not found to meet the criteria for a compensable evaluation based on limitation of motion or functional impairment. The current rating is therefore denied.

The Veteran's appeal is remanded due to the need for a VA examination to assess his current respiratory symptoms associated with service-connected pleural plaques, including pulmonary function tests.

The Veteran's service connection claim for arthritis of the right and left hip is granted. The issues of increased ratings for stress fractures in both lower extremities are dismissed as the Veteran requested withdrawal.

The Board has determined that the Veteran does not have a diagnosed disability manifested by bilateral calf or leg pain, apart from his already service-connected low back and left ankle disabilities. The claims for service connection are therefore denied.

The Veteran's claims for increased evaluations for residuals of stress fractures of the right and left tibia have been denied as his disabilities do not meet or approximate the criteria for a higher evaluation under VA rating criteria.

The Veteran's ex-wife is denied recognition as his surviving spouse for VA DIC and death pension benefits purposes, and also denied entitlement to accrued benefits.

The Veteran does not have a current disability of restless leg syndrome and the Board finds that it was not incurred or aggravated by service, including as secondary to his service-connected sleep apnea.

The Board found that the Veteran was not a fugitive felon during the period from December 27, 2001, and thus reinstated his VA disability compensation.

The Veteran's claims of service connection for multiple joint pain and esophagogastric disorder have been granted. The Board found that the Veteran has an undiagnosed illness manifested by multiple joint pain, to exclude lumbar spine and bilateral knee pain, which is related to his Persian Gulf War service. Additionally, it was determined that the Veteran's esophagogastric disorders are proximately due to a service-connected disability.

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