Other conditions decisions — 2016

The Veteran's cervical spine disability, with forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees and combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees, was found to meet the criteria for a 10 percent rating prior to October 8, 2009, and after December 1, 2009. The Veteran's claim for an increased rating is therefore denied.

The Veteran's claim for an earlier effective date for the addition of his dependent spouse to his compensation benefits is denied. The earliest possible effective date is March 23, 2009, as this award was made based on evidence received within a year of notification of the rating action.

The Board has determined that the Veteran does not have residuals of injuries to any fingers of his right hand, other than the index finger. Therefore, service connection for these conditions is denied.

The Board has granted service connection for bilateral plantar calluses, finding that the Veteran's current condition is related to his active duty. However, the Board found no evidence of a direct relationship between service and bilateral hallux valgus.

The Board found that the overpayment of VA non-service-connected pension benefits in the amount of $23, 238.00 was properly created and denied the request for a waiver of recovery of this debt.

The Veteran's claim for service connection for colon polyps was denied as he does not have a current diagnosis of colon polyps.

The Veteran does not have a current hernia disability and the Board finds no evidence of any such disability. The appeal for service connection for a hernia is denied.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disability has been withdrawn, and the case is dismissed.

The Veteran's service-connected psychiatric disability, specifically a mood disorder, was granted and assigned an initial rating of 10 percent prior to May 6, 2014. As of May 6, 2014, the Veteran is entitled to a higher rating of 30 percent for his psychiatric disability.

The Board has remanded the case for further examination and opinion regarding the Veteran's ovarian cysts due to conflicting evidence about her ovaries.

The Board has remanded the case for an addendum opinion regarding the etiology of the Veteran's skin disorders. The Veteran is responsible for reporting for any scheduled examination and cooperation in development of the claim.

The Veteran's service connection claim for aortic valve insufficiency was granted, with the condition established as having been present during active service.

The Board found that the reduction in payment of compensation benefits due to incarceration for a felony conviction was warranted as a matter of law. The request for apportionment of compensation benefits to the Veteran's mother is dismissed because she has died.

The Veteran's Raynaud's syndrome and bilateral hallux valgus with Raynaud's syndrome were granted service connection, and a 40% rating was assigned for the Raynaud's syndrome. The Veteran's bilateral hallux valgus with Raynaud's syndrome is rated at 10%. Service connection for a lumbar spine disability secondary to her service-connected feet disorders was also granted.

The Board found that there is no evidence linking the Veteran's lymphoma to exposure to rocket fuel or any other disease or injury incurred during service, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because the evidence does not support a finding that his current right foot conditions are due to negligence or lack of proper skill on the part of VA in providing care, and there is no indication that any residuals were unforeseeable.

The Veteran's dysthymic disorder resulted in occupational and social impairment with reduced reliability and productivity prior to June 23, 2015.,For the period beginning June 23, 2015, the disability resulted in more severe manifestations of occupational and social impairment.

The Veteran's right inguinal hernia was not incurred in service and is denied. The claim for a temporary total evaluation following surgery is also denied as there is no established service connection. New evidence has been received to reopen claims for chronic disabilities due to radiation exposure, but the new evidence does not meet the criteria for reopening.

The Board found that the Veteran's income exceeded the maximum allowable pension rate for the 2002 pension year, and therefore terminated his nonservice-connected pension benefits effective June 1, 2002.

The Board finds that the Veteran does not have a current diagnosis of residuals of a head trauma, and thus service connection for this condition cannot be granted.