Other conditions decisions — 2014

The Veteran's claims for higher ratings for right and left hip arthritis associated with congenital hip deformity were denied as the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board found that the Veteran's mesothelioma is as likely as not related to his in-service asbestos exposure, resolving all doubt in favor of the Veteran.

The Board has remanded the case for additional development due to an inadequate VA examination of the Veteran's shoulder. The Veteran is seeking a higher initial rating for his service-connected left shoulder disability.

The Veteran's cause of death is related to his service-connected conditions, specifically posttraumatic stress disorder (PTSD) and malaria. The Board granted service connection for the cause of the Veteran's death but dismissed the DIC claim under 38 U.S.C.A. § 1318 as it was a greater benefit.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before the Board of Veterans' Appeals.

The Veteran's pterygium of the right eye has been evaluated as noncompensable since October 7, 1954. The VA examinations have shown that his vision is at least 20/40 or better in both eyes and there are no visual field defects or abnormalities in muscle function.

The claim has been rendered moot by the RO's award of service connection for the cause of the Veteran's death.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the nature and extent of his service-connected right 5th metatarsal head stress fracture and its relationship to any right 1st metatarsophalangeal joint disability. The claims are also inextricably intertwined with other raised claims regarding clear and unmistakable error in an August 1989 rating decision, as well as secondary service connection.

The Board denied the Veteran's claim to reopen his service connection for a right leg disability and also denied his claim for service connection for residuals of a head injury. The decision found that new evidence did not raise a reasonable possibility of substantiating the claim.

The appellant's claim for accrued benefits was denied as it was not filed within one year of the Veteran's death.

The Veteran's tenosynovitis and sural neuralgia have been granted increased ratings, with the tenosynovitis rated at 10 percent and the sural neuralgia also rated at 10 percent.

The Veteran's request for a waiver of recovery of an overpayment in the amount of $5,013 was granted by the Board. The decision found no fault on the part of the Veteran and that recovery would be against equity and good conscience.

The Veteran's service-connected left Achilles tendon rupture did not meet the criteria for a temporary total evaluation based on convalescence due to treatment of his disability.

The Board dismissed the appeal as there is no longer a justiciable case or controversy due to the waiver of overpayment having already been granted.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical records and scheduling a VA examination to assess the severity of his gunshot wound and its residuals.

The Veteran's death pension claim based on the appellant being his surviving spouse has been denied as she was not married to him at the time of his death.

The Board found that the character of the Appellant's discharge from service is not a bar to VA benefits due to compelling circumstances at the time his prolonged AWOL began, including mental state issues related to combat experiences.

The Board denied the Veteran's claim for an earlier effective date for additional compensation based on his dependent children's school attendance, finding that the criteria were not met and that VA did not have a duty to provide further assistance or examination.

The Veteran withdrew his appeal for service connection of dermatitis during a hearing. The cases for right eye disorder and left hip disorder are remanded for additional development.

The Veteran does not have a current dental disability for which VA compensation benefits can be awarded, and there is no legal entitlement to service connection for a dental disorder except for the purpose of VA outpatient dental treatment.