Other conditions decisions — 2015

The Board has determined that the appellant's character of discharge is dishonorable due to multiple offenses committed during his second period of active service. The case is being remanded for further development, including obtaining additional service personnel records and a psychiatric opinion.

The Board has determined that the Veteran's current left hip strain, including limitation of extension, is more likely than not related to his service and grants service connection for this condition.

The Veteran reasonably discharged his responsibility to support the appellant prior to April 4, 2014. However, hardship is not shown and apportionment of the Veteran's VA disability compensation benefits prior to that date has been denied.

The Veteran's service-connected wedge resection of the right lung middle lobe, for hamartoma, did not warrant a compensable rating during the appeal period.

The Board has granted the Veteran's claim of entitlement to service connection for a right great toe disability consisting of cold injury residuals, finding that there is at least as likely as not that his current condition is related to an in-service cold injury. The Veteran previously had a denial of this claim but new and material evidence was submitted.

The Board has remanded the case for an addendum opinion to address whether the Veteran's service-connected right shoulder impingement syndrome or multilevel cervical stenosis aggravated any current bilateral hand arthritis. The claim will be readjudicated following this.

The Board finds that the Veteran's bilateral lower leg venous insufficiency was not incurred or aggravated by service, including exposure to chemicals. The VA and VHA opinions indicate that the condition is unrelated to his service-connected peripheral neuropathy of the bilateral lower extremities.

The Veteran's death was not service-connected, and the appellant did not file a timely application for nonservice-connected burial benefits within two years of the Veteran's burial. The appeal is denied.

The Board found that the Veteran's bilateral lower extremity disability, including peripheral vascular disease, did not have its onset in service and was not shown to be etiologically related to service. Therefore, the claim for service connection was denied.

The Board found that the November 1993 total abdominal hysterectomy and bilateral salpingo-oophorectomy were not caused by or aggravated during the appellant's period of active duty for training (ACDUTRA) in August 1993, as there was no evidence to support this claim.

The Board has determined that the Veteran's pulmonary disability did not have its onset in active service or for many years thereafter, and it is not related to active service. The claim for service connection for a pulmonary disability, including as due to herbicide exposure, is denied.

The Board denied service connection for right and left hip disorders, finding no evidence of current disabilities or a link to service.

The Veteran's muscle strain with genitourinary dysfunction and groin pain have been rated at the highest available level of disability, a 40 percent rating.

The Board has ordered additional development due to the failure to substantially comply with its previous remand directives, including obtaining VA examinations and identifying treatment records prior to 2001.

The Board found that the Veteran's heart disability did not manifest during service and is not related to service, thus denying service connection.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA treatment records. The case will be readjudicated after the development.

The appeal is being remanded due to procedural issues related to contested claims procedures. The AOJ must ensure all necessary steps are taken in accordance with the regulations.

The Board found no current clinical diagnosis of a left hamstring disorder, right hamstring disorder, or right elbow disorder. The Veteran's service treatment records show complaints of bilateral hamstring tightness but no diagnosed disorders. Therefore, the claims for service connection were denied.

The Veteran's claim for nonservice-connected pension benefits is denied as she did not serve during a period of war, which is required for eligibility.

The Board has determined that the Veteran's claims are not final due to her request for reconsideration and reference to outstanding treatment records. Therefore, a new examination is necessary to determine if any current right or left foot disability was incurred in or aggravated by service.