Other conditions decisions — 2016

The Veteran's left foot callus has been manifested by pain and tenderness, warranting a 10 percent rating.

The Board has determined that the appellant is not eligible to be recognized as the surviving spouse of the Veteran for VA benefits, including nonservice-connected death pension benefits.

The Board has determined that the appellant is not the Veteran's surviving spouse due to a divorce. However, further investigation into potential divorces in different locations and an analysis of separations during marriage are required before a final determination can be made.

The Board found no current disability for the claimed sinus disorder and denied service connection. The lung disorder claim is also considered, but as it's not clear if this was part of the same appeal or separate, the decision summary focuses on the sinus disorder.

The Veteran's claim for service connection for generalized fatigue was denied. The issues of restoration of a 70 percent rating for major depressive disorder and entitlement to TDIU are pending.

The Board has denied the Veteran's claims for service connection for an eye condition, gastrointestinal disability, and sterilization. The claim for a higher initial rating for hearing loss is being remanded.

The Board has determined that the appellant's character of discharge is under other than honorable conditions due to willful and persistent misconduct, which constitutes a bar to VA benefits except for health care.

The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence linking his fatal condition to military service or any presumptive exposure to herbicides. The Board also found insufficient medical evidence to establish a causal relationship between his service-connected disability and his death.

The Board found that the recoupment of separation pay from VA disability compensation benefits was proper as required by law, and denied the Veteran's claim.

The Board has determined that the Veteran's bruxism did not originate in service and is not otherwise etiologically related to service, and was not caused or aggravated by service-connected tinnitus.

The Veteran's appeal is being remanded to the RO for further development, including consideration of whether referral to the Director of Compensation Service is warranted for an extraschedular rating due to his service-connected bilateral wrist disabilities. The issues on appeal are related to higher evaluations for his service-connected right and left wrist disabilities.

The Board found that the Veteran's preexisting left shoulder disability, characterized as left acromioclavicular degenerative joint disease and old healed left humerus fracture, was aggravated by his active military service. The decision is based on the presumption of soundness at entry into service.

The Board found that the Veteran's current GI disability, chronic ulcerative proctocolitis with progression to stage 1 polyp adenocarcinoma post-surgery, was not incurred in or aggravated by service and is not otherwise attributable to service. The Veteran's bilateral hearing loss was also denied as it was not shown to be related to service.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and Social Security Administration disability decision documents.

The Board denied service connection for a respiratory disorder and increased initial ratings for PTSD. The case is being remanded to obtain additional medical records.

The Veteran's income was insufficient to cover his maintenance needs, and the VA determined that his net worth exceeded the threshold for receiving nonservice-connected pension benefits with special monthly pension based on the need for aid and attendance.

The Veteran's claim for payment or reimbursement of private medical expenses is denied as the services were not authorized by VA, and the treatment did not meet the criteria for emergency care under 38 U.S.C.A. § 1725.

The Veteran's service-connected varicose veins result in loss of use of both lower extremities, requiring the use of a wheelchair for locomotion.

The Board denied the Veteran's claims for an evaluation in excess of 30 percent for cardiac ischemia status post cardiac transplant and entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU).

The Board has remanded the case due to incomplete development and adjudication of the Veteran's claim for service connection for herpes simplex virus.