Other conditions decisions — 2014

The Board found that there is no evidence of cold injury residuals during service and the Veteran's current symptoms are not related to his military service. The claim for service connection was denied.

The Veteran's claim for service connection for a gastrointestinal disorder, including duodenal ulcers, has been reopened. The claim for service connection for a lung or respiratory disorder remains denied.

The Board has determined that the Veteran's death was caused by a service-connected disability, specifically malaria, and thus grants service connection for the cause of the Veteran's death.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his residuals of jaw disability, as it has been more than four years since his last VA examination. The case will be returned to the Board after this additional development.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA and Vet Center records, as well as SSA disability determination records. A VA examination will be scheduled to assess the impact of his service-connected disabilities on his ability to engage in substantially-gainful employment prior to February 14, 2014.

The Veteran's right and left foot hallux valgus (bunions) are manifested by pain or tenderness, with no operation with resection of metatarsal head completed. They do not approximate amputation of either the right or left great toes, approximating no more than mild disability of the feet.

The Board has determined that the reduction of the disability evaluation for abdominal aortic aneurysm, status post-surgical repair and stent placement from 100 percent to zero percent, effective May 1, 2010, was proper.

The Veteran's service-connected back and foot disabilities preclude locomotion without the aid of a wheelchair, meeting one of the criteria for financial assistance in acquiring specially adapted housing (SAH). The Veteran is not eligible for special home adaptations (SHA) due to his eligibility for SAH.

The Board has determined that the Veteran's mother, J.V.M., is his dependent parent and entitled to an apportionment of his VA compensation benefits during his period of incarceration.

The Veteran's service-connected silicosis has been asymptomatic without findings of forced vital capacity (FVC) or diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO (SB)) that have been attributed to this disability. Therefore, a compensable evaluation is not warranted.

The Board denied the Veteran's claim for a higher disability rating for his service-connected bilateral scotomas, finding that the evidence did not meet the criteria for a higher rating at any point during the period on appeal.

The Veteran's appeal is remanded for further development to determine if additional disability occurred as a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA. The case will be readjudicated after the development.

The Board finds that service connection for duodenal ulcer with residual postoperative ventral hernia and digestive problems is warranted based on the evidence, including the Veteran's lay statements regarding his symptoms during and after service.

The Veteran's appeal is being remanded due to the need for additional medical records and a new examination. The initial rating of 10 percent for chronic lower back strain and thoracic arthritis remains under review.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death, but finds that there is no evidence to support a finding that any disability caused or contributed substantially to the Veteran's death. The Board therefore denies the claim.

The Veteran died in April 2003 due to natural causes. His service-connected residuals of trench foot is not considered the principal or contributory cause of his death.

The Veteran died at a private hospital and was not hospitalized by VA or receiving care under VA contract at a non-VA facility. Therefore, the appellant is not entitled to non-service-connected burial benefits.

The Board has remanded the case for a neurological examination to determine the nature and severity of any right hand injury residuals, including any related nerve paralysis or neuritis.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim of revoking forfeiture of VA benefits, as the submitted evidence is either cumulative or does not relate to the reason for the original forfeiture.

The Veteran's request for a waiver of overpayment of $3,116 in disability compensation was denied due to fault on his part and lack of undue hardship.