Other conditions decisions — 2014

The Board has reopened the claim for service connection for bilateral pes cavus and finds that new evidence received since the last final denial raises a reasonable possibility of substantiating the claim. The Veteran's current pes cavus disability is presumed to have started in service, but further development is needed to determine its etiology.

The case is being remanded for further development and readjudication, including a referral to the Veterans Service Center Manager or the Pension Management Center Manager under 38 C.F.R. § 4.17(b) and 38 C.F.R. § 3.321(b)(2).

The case is being remanded for further development to determine if the Veteran's employment prior to April 5, 2014 was marginal and whether he received compensation in excess of the applicable annual poverty threshold.

The Board has determined that the Veteran does not have a right leg condition present in service or until many years thereafter, and it is not related to his service-connected residuals of a low back musculoskeletal strain. Therefore, service connection for this condition cannot be granted.

The Board has remanded the case for obtaining a signed informed consent regarding the February 1, 2006 surgical procedure and ensuring that any determination as to its unavailability is documented in the claims file.

The Board has remanded the case for further development, including obtaining updated treatment records and scheduling a VA examination to assess the Veteran's service-connected fracture of the spinous process, L2-L3, and any related residuals. The examiner is also requested to provide opinions regarding whether any current back condition is caused or aggravated by the service-connected fracture.

The Board has determined that the Veteran's claimed bilateral leg disabilities, including varicose veins and venous insufficiency, are not related to his active duty service.

The Veteran's residuals of a shell fragment wound of the left foot are currently rated at 20 percent, which is in line with the criteria for moderate impairment of muscle groups XI and XII.

The Board has determined that the Veteran's left foot tumor is causally related to his military service and grants service connection for this condition.

The Veteran's service connection claim for residuals of colon cancer is granted due to exposure to toxic chemicals during her military service.

The Veteran's death was not caused by a service-connected condition, and the medical evidence does not support a finding that his myelodysplastic syndrome was related to active service or any other exposure basis.

The Veteran's surviving spouse submitted a petition to reopen her claim for DIC benefits in October 2009. The VA awarded the claim effective October 27, 2009. There is no legal basis for an earlier effective date.

The Board has determined that the Veteran's TMJ dysfunction does not warrant a rating in excess of 30 percent, as his inter-incisal range is between 11 to 20 millimeters, which falls within the criteria for a 30 percent rating.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disability was dismissed as the appellant died during the pendency of the appeal.

The Veteran's pulmonary fibrosis is found to be related to his service, and the Board grants service connection for this condition.

The Board has determined that the appellant's claim to revoke forfeiture of benefits is denied as there is no new and material evidence submitted.

The Veteran's Barrett's esophagus is related to his active service, and the Board grants entitlement to service connection for this condition. The issue of a compensable evaluation for bilateral otitis externa will be remanded.

The Board has determined that additional development is necessary to accurately calculate the monthly non-service-connected death pension payment for the Veteran's surviving spouse, including obtaining information about her income and expenses.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the current orthopedic and neurological manifestations of his service-connected dorsal spine contusion with narrowing of T3-4.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of his TDIU claim. The issues on appeal are whether he should receive an increased rating for varicose veins of the left lower extremity and whether he qualifies for TDIU.