Other conditions decisions — 2015

The Veteran's service-connected residuals of muscle contusion of the right posterior calf are currently rated at 10 percent.,An increased rating for the right common peroneal nerve associated with residuals of the muscle contusion of the right posterior calf is not warranted.

The Veteran's appeal is being remanded due to the need for clarification regarding his enrollment in VA healthcare and receipt of care at a VA medical facility within 24 months prior to the unauthorized medical expenses incurred on September 14, 2014.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. The specific claims of entitlement to education benefits pursuant to the Montgomery GI Bill - Active duty, Montgomery GI Bill - Selected Reserve, and Reserve Education Assistance Program are not addressed in this decision.

The appellant's claim for additional accrued benefits due to her mother (the Veteran) at the time of her death was denied as the maximum amount of accrued benefits ($9,180) that were due to the Veteran at the time of her death has already been paid to the appellant.

The Board has remanded this case for additional development due to insufficient evidence regarding the etiology of any current skin disorder of the feet, including onychomycosis diagnosed in November 2011.

The Veteran's appeal for increased disability ratings in excess of 30 percent for cold injury residuals to the left and right hands, including peripheral neuropathy, is being remanded due to a missed VA examination. The case will be readjudicated after scheduling a new VA examination.

The Board has reopened the claim for service connection for the cause of the Veteran's death and granted it, finding that Agent Orange exposure during service may have caused the Veteran's myelofibrosis, which led to his death.

The Veteran's service connection claim for residuals of a right tibia fracture is granted. The Board also remanded the issues of entitlement to service connection for back and bilateral hip disabilities due to insufficient medical evidence.

The Board has determined that the Veteran's peptic ulcer disease does not meet or approximate the criteria for a compensable evaluation, and thus maintains the zero percent rating assigned since January 30, 2009.

The Board has granted an effective date for eligibility to DEA benefits under Chapter 35 between August 17, 2001 and February 18, 2009, chosen by the eligible child.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the nature and etiology of his claimed skeletal deterioration and service-connected residuals of fracture of the left 10th rib.

The Veteran's service-connected degenerative disk disease and degenerative joint disease of the lumbosacral spine was manifested by at worst 80 degrees of forward flexion after repetitive use with pain, but has not been manifested by unfavorable ankylosis. The initial rating granted is 10 percent.

The Veteran's appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) for further action. The issues of entitlement to an initial evaluation in excess of 10 percent for his service-connected left hip degenerative joint disease and a TDIU are on appeal.

The January 1982 rating decision denied service connection for a low back disorder, but the Board found that this was not clearly and unmistakably erroneous. The claim has been reopened due to new evidence received since July 1999. Service connection is granted for Grade I spondylolisthesis at L5-S1 as it existed in December 1981. Service connection is denied for post-operative residuals of a L4-S1 laminectomy and posterior fusion.

The Board has determined that the Veteran's lipomas are not related to his service, including exposure to ionizing radiation. The evidence does not support a finding of in-service onset or connection.

The Board has determined that the Veteran's breast cancer was not incurred or aggravated during her active service, and there is no credible evidence to support a finding of exposure to any presumptive conditions. As such, service connection for these conditions cannot be granted.

The Board has determined that the appellant is not the Veteran's surviving spouse and therefore, does not meet the criteria for recognition as such. The Veteran died in January 2005, but his divorce from the appellant was finalized in December 2004, prior to his death.

The Board has determined that the Veteran does not have a current diagnosis of seizures or any other skin disorder. The claim for service connection for a skin disorder is denied.

The Veteran's claim for VA educational assistance was denied because his service did not qualify him for any current VA education programs.

The appeal is being remanded for further development, including obtaining VA treatment records and SSA disability records. A spine disability examination is also needed to determine the nature and etiology of the Veteran's spinal condition. Additionally, a supplemental medical opinion on the service-connected depressive disorder is required.