Other conditions decisions — 2016

The Veteran's claim for an initial compensable evaluation for his service-connected hypertensive retinopathy is being remanded due to the need for additional examination and development of records.

The Veteran's nasal fracture post reduction was not rated compensably prior to October 31, 2012 and is currently rated at 10 percent disabling from that date. The Board found no evidence of the required level of disability for a higher rating.

The Board has granted service connection for gynecomastia, left breast. The Veteran's weak spells and head and hand tremors are found to be related to his period of service.

The appellant's claim for recognition as the Veteran's surviving child for purposes of establishing eligibility for DIC, death pension, and accrued benefits is denied due to her not meeting the definition of a 'child' as defined in 38 C.F.R. § 3.57(a).

The Board has granted the Veteran's claim for service connection for low back strain, which also includes his claimed respiratory disorder and residuals of pneumonia. The issue of service connection for a respiratory disorder is addressed in the REMAND portion of this decision.

The Veteran's appeal is being remanded for further development and evaluation of his service-connected intervertebral disc syndrome with intra-axial spinal cord lesion.

The appellant's claim for recognition as the Veteran's surviving child for purposes of establishing eligibility for dependency and indemnity compensation (DIC), death pension, and accrued benefits is denied due to her not meeting the definition of a 'child' as required for such eligibility.

The Board has determined that the Veteran's service-connected right thigh disability caused his left foot conditions, including hallux interphalangeus/valgus with degenerative joint disease of the metatarsophalangeal joint, hallux rigidus, and hammertoe. As a result, these disabilities are granted as secondary to the service-connected right thigh disability.

The Veteran's residuals of facial reconstruction surgery include partial loss of taste and smell, and loss of sensation of the face. The Board has found that these symptoms most nearly approximate moderate incomplete paralysis of the seventh cranial nerve and a 20 percent evaluation under Diagnostic Codes 8207 and 8407.

The appeal is being remanded due to the appellant's request for a videoconference hearing. The case will be returned to the Board after scheduling the requested hearing.

The Veteran's dysthymic disorder was reduced from a 100% disability rating to a 50% disability rating, effective September 1, 2012. The reduction is now considered void ab initio due to the failure to comply with VA regulations.

The Board found that the current left foot disability is not related to service and denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded for further evaluation of his service-connected back disability, including a new VA examination to assess the current severity and functional impairment.

The Board has determined that the Veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $145,038.00 was timely filed due to circumstances beyond his control.

The Veteran's cardiac disorder is being remanded for additional development to determine if the VA treatment in August and September 2009 caused any additional disability, and whether there was fault on the part of VA.

The appellant does not meet the threshold service requirement for eligibility for nonservice-connected pension benefits as his period of service did not include qualifying active military, naval, or air service.

The Board has decided to remand the Veteran's claim for service connection for residuals of a broken finger of the right hand due to insufficient medical evidence regarding the etiology of his current disability. The case will be returned to the agency of original jurisdiction (AOJ) for further action, including obtaining an addendum opinion from the physician who provided the December 2013 opinion.

The Veteran's appeal is being remanded to schedule a video conference hearing before the Board. The initial compensable rating for service-connected pleural plaques (claimed as lung condition) remains pending.

The Veteran's death was not due to a service-connected condition, and he did not have pending claims for VA pension or compensation at the time of his death. The appeal is denied.

The Board found that the Veteran's service-connected ovarian cyst condition with pelvic pain did not require continuous treatment and was currently shown on most recent examination, leading to a denial of an initial compensable rating.