Other conditions decisions — 2016

The Board has determined that the Veteran's restless legs syndrome was not incurred or aggravated by service, including asbestos exposure.,Regarding the residuals of left lower lung removal and possible rib resection, the Board finds that there is no evidence linking these conditions to service.

The Veteran's neck disorder was not first manifested during active duty service or within one year of discharge, and arthritis of the cervical spine was not shown to be related to service. The Board denied service connection for a neck disorder.,The Veteran did not meet the schedular criteria for a TDIU rating prior to April 3, 2015, and extraschedular entitlement prior thereto is not factually shown because the preponderance of the evidence shows that he was not unable to obtain and retain substantially gainful employment.

The Veteran's right hip disability has been rated as 10 percent disabling since April 1998. The Board denied an increased rating for the right hip disability, and also did not address service connection for lumbar spine DDD or TDIU.

The Board has determined that the Veteran's vascular disease and nerve damage are not related to his active duty service, and thus denied both claims.

The Board found no evidence of a diagnosed gastrointestinal disorder or peptic ulcer disease during service, and the current condition is not related to service. The Veteran's symptoms were attributed to his psychiatric condition.

The Veteran's right testicular disability, characterized by pain and retraction requiring long-term pain management and intermittent intensive management, has been granted a 10% rating for the entire appeal period.

The Veteran's duodenal and gastric ulcers are related to his service, and the Board has granted service connection for these conditions.

The Board denied the Veteran's claim for service connection for a bilateral leg disorder, finding that his condition was not causally related to his military service.

The Veteran's thoracolumbar spine disability has been rated at 40 percent since June 13, 2011. The Board found that the Veteran's forward flexion was between 40 to 50 degrees with pain and limited motion resulting in additional functional loss analogous to favorable ankylosis.

The Board found that the Veteran's diagnosed blood clot disorder, Leiden Factor V, is a congenital defect and thus not subject to service connection as it cannot be considered a disease or injury. The claim for service connection was denied.

The Veteran requested to withdraw her appeal for entitlement to a TDIU. As a result, the Board has dismissed the appeal.

The Board denied the Veteran's appeal as his substantive appeal was not timely filed within 60 days of the issuance of the statement of the case.

The Veteran's surviving spouse is seeking payment for awarded but unpaid benefits due to the Veteran at the time of his death. The case has been remanded for a thorough accounting of the benefits owed and paid, including any additional benefits awarded but unpaid.

The appeal has been dismissed due to the death of the appellant.

The Board has determined that the Appellant's income exceeded the maximum combined income for non-service-connected death pension, thus denying her claim.

The Board has determined that the Veteran's post nasal septoplasty disability is manifested by obstruction of no more than 30 percent in each nasal passage, and thus does not warrant a compensable rating. The claim for service connection for residuals of broken nose to include loss of smell was denied due to lack of evidence showing actual existence of these residuals. However, new and material evidence has been received since the August 2002 denial, reopening the claim. Impaired smell is not attributable to service or a service-connected disease or injury.

The Veteran experienced painful sickle cell disease crises multiple times a year from February 13, 1975 through October 20, 1977. From October 21, 1977 through September 21, 1983, the Veteran's condition was totally incapacitating.

The Veteran's appeal is being remanded due to a scheduling issue for his requested video conference hearing.

The Board has remanded the case due to scheduling issues for a hearing before a Veterans Law Judge.

The Veteran's death was not service-connected, and the appellant is not entitled to DIC under 38 U.S.C.A. § 1318 or accrued benefits due to her income exceeding the maximum pension rate. The appellant also does not meet the criteria for death pension as her income exceeds the applicable maximum annual pension rate.