Other conditions decisions — 2016

The VA determined that the Veteran's hepatic failure and cholangiocarcinoma did not have a direct relationship to service, including presumed exposure to herbicides or parasites. The Board found that his service-connected disabilities did not contribute substantially or materially to his death.

The Board has remanded the case for further development due to a search of VA records not being completed. The Veteran's correspondence dated July 5, 2010, and July 15, 2010, is requested from the RO in St. Petersburg, Florida.

The Veteran's facial and scalp keloid formations are currently rated at 50 percent under Diagnostic Code 7800 for disfigurement of the head, face, and neck. The five separate painful scars on his head, face, and neck are each rated at 10 percent under Diagnostic Codes 7803/7804 (now combined as 7804). The right medial thigh scar is currently rated at 10 percent under Diagnostic Code 7804. None of these ratings meet the criteria for a higher rating.

The Veteran's request for a Travel Board hearing has been pending. The case is being remanded to schedule the Veteran for a Travel Board hearing.

The Veteran's right foot disability has been rated as 20 percent from June 17, 2002 to August 26, 2003 and as 30 percent since March 1, 2004.

The Veteran's right foot disability was rated at a 10 percent prior to October 25, 2012.,On and after October 25, 2012, the Veteran's right foot disability warranted a 30 percent rating.

The Board finds that the Veteran's bilateral hip disability, diagnosed as avascular necrosis with arthritis, is related to his active duty service and grants service connection for this condition.

The Board denied the appellant's claim for burial benefits, plot allowance, and interment allowance following her father's death due to a lack of verified service as a member of the Philippine Commonwealth Army in the service of the United States Armed Forces.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's gastrointestinal disorder was aggravated by service. The Veteran is presumed to have had a preexisting gastrointestinal condition, but there must be clear and unmistakable evidence that any such condition did not increase in severity during service.

The Board found that the Veteran's low back disability pre-existed his service and was not aggravated by it. The claim for service connection is denied.

The Board found that the Veteran's cause of death was not related to service, specifically due to multiple myeloma which is not presumed or directly linked to service. The service-connected conditions did not contribute substantially or materially to his death.

The Board found that the Veteran's death was not due to willful misconduct and occurred in the line of duty, granting DIC benefits. However, there are significant inconsistencies and gaps in the evidence regarding whether the Veteran made a conscious decision to drink and drive.

The Veteran's service-connected foot disabilities have been rated at the maximum schedular rating of 30 percent. The Board has determined that an extra-schedular evaluation is not warranted for these conditions.

The Board has determined that the appellant does not have qualifying service to be eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's surgery for a right tibia and fibula fracture resulted in severe postoperative residuals, requiring at least one month of convalescence. The Board finds that the criteria for a temporary total rating have been met.

The Veteran's claims for an earlier effective date and temporary total rating were denied. The claim for a compensable initial disability rating was also denied.

The Veteran's claim for service connection for myelodysplastic syndrome, which he contends is due to herbicide exposure in Korea, has been remanded due to the need to verify his claimed exposure.

The Board has determined that the termination of the Veteran's non service-connected pension benefits, effective from September 1, 2006, was proper due to his failure to provide requested information regarding income and net worth associated with previously unreported investments.

The Board has remanded the Veteran's claim for service connection for bilateral hammertoes due to a lack of an opinion regarding whether his condition preexisted service and was aggravated by service.

The Veteran's appeal is being remanded due to the need for a VA examination regarding his prostate disability and TDIU issue. The issues of service connection and TDIU will be reconsidered after obtaining the necessary medical opinions.