Other conditions decisions — 2015

The Board found no clear and unmistakable evidence that the Veteran had a pre-existing bilateral foot disorder at the time of his entrance into service. The claim is denied as there is insufficient evidence to establish service connection for a bilateral foot disorder.

The Board denied an effective date prior to April 4, 2008 for service connection of persecutory type delusional disorder with antisocial features. The Veteran's motion alleging clear and unmistakable error (CUE) in this decision was denied.

The Board found that the Veteran does not have a right foot or right hip disability that was incurred in or aggravated by service, and his disabilities are not proximately due to or the result of service-connected disability.

The Veteran's Raynaud's syndrome is characterized by daily characteristic attacks, but digital ulcers have not been manifested. The criteria for a disability rating in excess of 50 percent have not been met.

The Board found that the Veteran's bilateral foot disorder was not incurred in or aggravated by service and is not due to a service-connected disability.

The Veteran's claim for an earlier effective date for service connection for shell fragment wound of the left hip and buttock, to include muscle group XVIII, based on CUE in a December 1978 rating decision is granted.,The Veteran's claim for an earlier effective date for service connection for disc narrowing and degenerative changes, based on CUE in a December 1978 rating decision is denied.,The Veteran's claim for an earlier effective date for the grant of a 50 percent evaluation for shell fragment wound, left hip and buttocks, muscle group XVII with retained foreign body, based on CUE in a May 2008 rating decision is dismissed without prejudice.

The Veteran's request for a waiver of recovery of an overpayment of compensation benefits in the amount of $1,890.00 is being remanded due to the need for a Board videoconference hearing.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess his heart disability and hearing loss.

The Board is remanding the case to determine if the Veteran's polycythemia vera is a separate and distinct disorder from myeloid metaplasia/myelofibrosis, which was previously denied. The case will then be readjudicated for service connection on a de novo basis.

The Board denied service connection for lung disorder, cyst on chest, breathing problems, and dental disability due to lack of evidence linking these conditions to service.

The Veteran's right elbow condition, characterized by painful motion with limited flexion to less than 45 degrees, warrants a 50 percent rating under the applicable diagnostic codes. The higher rating is not warranted as there is no evidence of additional functional loss or impairment.

The Board has remanded the case for further development due to issues raised by the Court in its January 2011 memorandum decision, including an addendum medical opinion and additional search requests for morning reports.

The Board denied the claim for service connection for cause of death, finding that there was no evidence linking the Veteran's fatal colon cancer to his military service or any service-connected condition.

The Veteran's appeal is being remanded due to the need for additional medical examinations and records. The issues of entitlement to service connection for emphysema and an initial increased disability rating for residuals of laryngeal cancer are pending.

The Board has remanded the case for a VA examination to determine if the Veteran's iliac artery aneurysm is related to service, specifically his in-service varicose veins. The examiner must provide opinions on causation and aggravation.

The Board has granted a 10 percent rating for each of the Veteran's left and right hip bursitis, effective October 1, 2006.

The Veteran's service-connected residuals, antrectomy, vagotomy, and gastrojejunostomy due to duodenal ulcer have been manifested by postgastrectomy syndrome with moderate symptoms that do not result in malnutrition. The current rating of 40 percent is appropriate.

The Board denied the Veteran's claims for service connection for hammer toes of the right foot and uterine fibroids, finding no competent evidence to support these conditions. The Board also found that there was insufficient evidence to establish a nexus between any current disabilities and service.

The Board has remanded the case for additional development, including obtaining private treatment records and seeking a medical opinion regarding the cause of death and service connection.

The appeal has been dismissed due to the death of the appellant, who was also the Veteran's surviving spouse.