Other conditions decisions — 2015

The Veteran's claim for a higher rating for chronic right epididymitis remains pending, with the Board remanding it to the RO for additional development and adjudication.

The Veteran's active service did not include service during a period of war, thus she does not meet the basic eligibility requirements for nonservice-connected pension benefits.

The Board found that the Veteran's right hip arthralgia did not have onset during active service, was not caused by an event, injury or disease in active service, did not manifest within one year of separation from active service and was not caused or aggravated by his service connected disabilities. As such, the appeal for service connection for a right hip disability, to include as secondary to service connected disabilities is denied.

The Veteran's initial compensable rating for retinal detachment, with cataract, of the right eye prior to July 30, 2012, and a higher than 10 percent rating from that date have been denied.

The Board dismissed the appeal due to the appellant's request for withdrawal of the appeal.

The Veteran's skin disability, low back disability, and erectile dysfunction were not service-connected or found to warrant increased ratings.

The Veteran's appeal of service connection for a sleep disorder is being remanded due to the need for further development, including scheduling a hearing before the Board.

The Veteran's service did not qualify for death pension benefits as he did not serve during a period of war, and therefore the claim is denied.

The Veteran's claim for an increased rating of his right ankle Achilles tendonitis was denied. He is currently rated at 20 percent, the maximum schedular evaluation available under Diagnostic Code 5271.

The Veteran's appeal is being remanded due to his request for a videoconference hearing. The case will be forwarded to the Board for scheduling of such a hearing.

The Board found that the appellant is not entitled to recognition as the Veteran's surviving spouse due to a lack of valid marriage and separation from the Veteran after their divorce in 2000.

The Veteran's loss of vision in his left eye is not considered a qualifying additional disability for compensation under 38 U.S.C.A. § 1151 because the treatment causing it was provided at a non-VA facility, and thus does not meet the criteria.

The Veteran's service is not considered a qualifying period of active duty for VA pension purposes, and thus he does not meet the basic eligibility requirements for nonservice-connected pension benefits.

The Board found that the reduction of the Veteran's disability rating for residual scarring was improper and restored the original 10 percent rating. The claims for increased ratings for bilateral inguinal hernias and right ilio-inguinal neuralgia prior to December 28, 2011 were denied as there was no evidence that warranted a higher rating.

The Veteran's right foot transmetatarsal amputation is found to be a reasonably foreseeable consequence of the VA cardiac catheterization he underwent, and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board denied the appellant's claim for accrued benefits as he and his siblings are not eligible due to lack of standing or owed benefits.

The Veteran withdrew his appeals regarding the issues of service connection for cold weather injuries to the right lower extremity, left lower extremity and ears.

The Board has determined that the appellant does not have a current disability due to a stroke or any of his brain scan findings, and therefore service connection for these conditions is denied.

The Board has decided to remand the Veteran's claims for further development and examination, as there is insufficient medical evidence to determine if his current heart and lung conditions are related to service.

The Veteran meets the basic eligibility criteria for nonservice-connected pension benefits due to his honorable service during a period of war, age over 65, and income/net worth not exceeding the maximum annual pension rate. The decision grants this benefit but notes that it should be considered in light of the Veteran's current incarceration under VA regulations.