Other conditions decisions — 2016

The Board has determined that the Veteran's current bilateral tarsal tunnel syndrome is not related to his service or a service-connected disability, and thus denied the claim for service connection.

The Veteran's degenerative changes of the right hip have been rated at 10 percent since June 2008, and no higher rating is warranted based on the evidence.

The Board has granted a 10 percent initial disability rating for right knee degenerative joint disease and assigned separate ratings for the right knee iliotibial band syndrome, effective from March 1, 2006 to November 4, 2009.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's bilateral hammer toe disability is due to his service-connected flat feet, and thus service connection for the Veteran's bilateral hammer toe disability is granted.

The Veteran is found to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including prostate cancer and related conditions.

The Veteran's Dupuytren's contracture of the right hand was rated at 10 percent since October 4, 2012. The disability is characterized by painful and limited motion in the right long finger.

The Veteran's bilateral defective hearing was rated at 20% prior to April 27, 2010 and increased to 50% thereafter.

The Board found that the overpayment of Chapter 33 Post-9/11 GI Bill education benefits was properly created due to unsatisfactory attendance at the Diesel Driving Academy, and thus denied the Veteran's appeal.

The Board found no current chronic elbow disability and denied service connection for the Veteran's claimed elbow condition. The Board also found no current skin disability or symptoms of a rash that have been attributed to any known clinical diagnosis, thus denying service connection for the rash claim.

The Veteran's income exceeded the maximum annual pension rate for the entire appeal period, thus denying his claim of nonservice-connected VA pension benefits.

The Board has determined that the Veteran's death was caused by coronary artery disease, which is presumed to be related to his service in Vietnam. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's divorce from the claimant was due to his misconduct, but this does not allow her to be recognized as a surviving spouse for VA benefits.

The Board has determined that there is no competent evidence linking the Veteran's current sinus condition and chronic allergies to her service, thus denying her claim for service connection.

The Veteran's claim for retroactive Concurrent Retirement and Disability Pay (CRDP) compensation payment was denied in the December 2008 decision. The Board has ordered further development to clarify inconsistencies between VA and DFAS accounting.

Throughout the appeal, the Veteran's service-connected urticaria has been manifested by no more than four recurrent episodes occurring during the past 12-month period, responding to treatment with antihistamines and topical corticosteroids, and does not require intermittent systemic immunosuppressive therapy.

The Board found that the Veteran's sickle cell anemia did not meet the criteria for a higher rating as he did not have repeated hemolytic crises with continuing impairment of health. The symptoms were considered to be occasional joint pain and fatigue, which do not constitute a hemolytic crisis.

The Board found that the termination of nonservice-connected pension benefits effective February 1, 2008 was proper due to excessive income. The Appellant's entitlement to nonservice-connected pension benefits for certain periods was granted based on her income levels.

The Board has remanded the case due to issues related to service connection for cause of death and exposure to herbicides while working on C-123 aircraft. The appellant's claim is currently under development.

The Veteran's claim for service connection for acute myelogenous leukemia (AML) is denied as the evidence does not support a finding that AML was incurred or caused by any aspect of his active service, including exposure to herbicides.

The Board has determined that the Veteran does not have a current diagnosis of inner ear problems or dizziness, and therefore service connection for these conditions is denied.