Other conditions decisions — 2015

The Veteran's service ended before the start of the Persian Gulf War, and he did not have qualifying wartime service. Therefore, his widow is denied death pension benefits.

The Veteran's combined net worth is sufficient to provide for his household maintenance, thus he does not meet the eligibility criteria for VA pension benefits.

The Board finds that the Veteran's pulmonary disorder, claimed as chronic cough, may be presumed to be related to his period of service in the Persian Gulf. The testicular epididymitis was incurred in active service. A 10 percent rating for residuals of TBI is granted prior to July 1, 2015; however, a higher rating is not warranted on or after that date.

The Veteran's claim for service connection for an eye disorder has been resolved as the RO granted service connection for right homonymous hemianopsia (claimed as an eye disorder) as secondary to a service-connected cerebrovascular accident, effective June 23, 2014. As this grant of service connection resolves the issue, there is no longer any case or controversy.

The appellant withdrew her appeal regarding the issue of service connection for the cause of the Veteran's death, leading to its dismissal.

The Veteran's chondromalacia, status-post lateral meniscectomy, is currently rated as 20 percent disabling for dislocated semilunar cartilage with buckling and as 10 percent disabling for limitation of extension with degenerative joint disease. The combined disability rating is 40 percent.

The Board found that the Veteran's hypertension did not have its onset during active military service and denied his claim for service connection.

The Veteran's claim for an initial compensable rating for multiple facial fractures is being remanded due to his failure to appear for a VA examination. He was given the opportunity to reschedule, and he requested it.

The Board has denied the Veteran's claims for earlier effective dates for non-service connected pension and special monthly pension based on a need for aid and attendance, finding that the original claim was received more than one year after the liberalizing law became effective.

The Veteran's nerve damage and muscle loss associated with his service-connected gunshot wound to the right hand are granted, with a rating of 70 percent.

The Veteran's service-connected herniated disc disorder is currently rated at 40 percent, and the Board finds that an increase in evaluation is not warranted under the current rating criteria.

The Veteran's appeal is being remanded due to the need for a VA examination to assess the severity of his service-connected bilateral plantar fasciitis and any non-service connected conditions that may be contributing to his symptoms. The case will be reconsidered after this additional development.

The Veteran's death was attributed to malnutrition due to squamous cell carcinoma of the tonsil, with alcohol dependence contributing. The VA examiner could not definitively link PTSD and alcohol use.

The Board has determined that the Veteran's claimed gastrointestinal and abdominal conditions are not related to service, including exposure to contaminated water at Camp Lejeune. The Veteran is granted TDIU based on his service-connected disabilities.

The Board has reopened the claim of entitlement to service connection for a skin disability of the bilateral feet and granted entitlement to service connection for gastritis. The Veteran's tinea pedis is considered to be related to his active duty.

The Veteran's appeal is being REMANDED for additional development, including obtaining VA medical records and scheduling a VA examination. The issues include evaluations for tarsal tunnel syndrome, hypertension, migraine headaches, TDIU, loss of use of the right foot, and financial assistance.

The Veteran's skin disorder is found to have had its onset during service and has persisted since then, granting the claim for service connection.

The Board has remanded the case for additional development, including obtaining medical opinions and records from two hospitals where the Veteran received end-of-life treatment. The claims of service connection for cause of death, entitlement to death pension benefits, and accrued benefits are also being remanded.

The Board finds that the Veteran's claim for an earlier effective date for TDIU benefits is denied as there is no factually ascertainable increase in severity of his service-connected disabilities during the year prior to his April 23, 2009 claim.

The Veteran's family is seeking reimbursement for private hospital expenses due to his death, which they believe was caused by negligence or carelessness in the provision of medical care. The case must be remanded for further development and adjudication.