Other conditions decisions — 2016

The Veteran's effective function in his right hand is so diminished due to service-connected disabilities that it is equivalent to the loss of use of one hand, which would be equally well served by an amputation stump with a suitable prosthetic appliance.

The Veteran's left fifth finger disability, manifested by pain and limited motion, does not meet the criteria for a compensable rating under applicable VA regulations.

The Board has determined that the Veteran does not have current disabilities for purposes of service connection. Specifically, there is no evidence of residuals of a Cerebrovascular Accident (CVA) or Myocardial Infarction Residuals.

The Board has remanded the case for further development and to schedule a videoconference hearing in Milwaukee, Wisconsin.

The Board finds that the Veteran's service connection claim for residuals of a cold injury, left foot is granted as his statements regarding exposure to cold weather during service are credible and supported by medical evidence. The claim is granted due to the Veteran's in-service exposure to cold weather.

The Board has remanded the case for further development, including obtaining medical opinions and private treatment records. The Veteran's claim of service connection for an enlarged prostate is being reviewed.

The VA determined that the Veteran's pre-existing left elbow disorder existed prior to his service and did not worsen during his period of service, thus denying his claim for service connection.

The Board has determined that the Veteran's bilateral hip degenerative joint disease is related to his service-connected right ankle disability and grants service connection for this condition.

The Veteran's claims for service connection were denied, and the appeal was not successful. The Board found that new and material evidence had not been submitted to reopen his claim for residuals of a snakebite of the right arm. His claims for rectal dysfunction, eye disorder, bladder disorder, and PTSD were also denied.

The Veteran's claim for service connection for bilateral cataracts, to include as secondary to diabetes mellitus type II and/or exposure to herbicides, is being remanded due to the need for a VA examination.

The Board has determined that the appellant's volunteer work with the Coast Guard Auxiliary, while considered service for compensation purposes, is not recognized as active military, naval or air service in the Armed Forces of the United States. Therefore, his amputation, right great toe, was not incurred in or aggravated by active service and service connection is denied.

The overpayment of $7807.00 in death pension benefits for the period from February 2011 to July 2014 has been waived by the Committee on Waivers and Compromises, thus making the issue moot.

The Board found that the April 1978 rating decision did not contain clear and unmistakable error, thus denying the Veteran's petition to reopen his claim for service connection for nervousness.

The Veteran's claim for service connection for gastrointestinal cancer is being remanded due to the need for additional development, including obtaining updated VA treatment records and an addendum opinion from a medical professional.

The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing. The issue of entitlement to service connection for a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities remains pending.

The Veteran's surviving spouse applied for DIC benefits on October 22, 2012. The claim was denied in February 2013 due to lack of supporting evidence. In March 2014, the appellant provided the necessary information and the RO granted DIC benefits with an effective date set at March 26, 2014. The appellant did not file a timely notice of disagreement regarding this decision, making it final. As such, no earlier effective date is warranted.

The case is being remanded for the VA to provide the Veteran's appointed attorney an opportunity to review the file and submit any additional evidence or argument in support of the claim. The appeal will then be readjudicated.

The Board found that the termination of MGIB-SR education benefits for the period from November 11 to November 24, 2013 was proper as the Veteran withdrew from her only enrolled course and did not enroll in another class.

The Veteran's service-connected osteonecrosis of the bilateral hips results in permanent and total loss of use of his lower extremities, qualifying him for specially-adapted housing or a special home adaptation grant.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and providing the Veteran with another opportunity to submit such records. Additionally, a VA opinion from a specialist in genitourinary conditions will be obtained to determine if his benign prostate disorder is related to his presumed in-service herbicide exposure.