Other conditions decisions — 2016

The Veteran's mood disorder results in reduced reliability and productivity, warranting a 50% disability rating. The issue of entitlement to TDIU remains pending.

The Board has determined that there is no current disability manifested by hypoglycemia and denied the Veteran's claim for service connection. The claims of service connection for narcolepsy and biatrial enlargement with mild mitral valve problems are addressed in the REMAND portion of this decision.

The Veteran is granted a 10 percent disability rating for the residuals of his broken right elbow, including arthritis. The claimant's scarring on the right elbow does not meet the criteria for a compensable disability rating.

The Board has granted a 60 percent rating for unhealed eye injury and a 30 percent rating for scars of the eyes, based on incapacitating episodes and visible or palpable tissue loss with three characteristics of disfigurement. The Veteran's conjunctivitis is rated at 10 percent.

The Board has determined that the Veteran's current diagnoses of medial and lateral epicondylitis of the right elbow, as well as carpal tunnel syndrome of the right hand, are aggravated by his service-connected right rotator cuff strain with degenerative changes. As such, he is granted service connection for these conditions.

The Board has determined that additional development is needed to determine the Veteran's basic eligibility for nonservice-connected pension benefits, including obtaining income/net worth statements and medical opinions. The AOJ should consider the Shepard case delineating the difference between entitlement to a benefit and entitlement to the payment of such benefit as interpreted by the Court in Valchar.

The Veteran's dysthymia had its onset in service, and the Board finds that service connection for an acquired psychiatric disorder (dysthymia) is warranted.

The Board found that the reduction in the Veteran's pension amount was proper due to his receipt of Social Security Administration (SSA) benefits, and denied the appeal.

The Veteran's left knee condition, characterized by flexion limited to 140 degrees and normal extension with occasional flare-ups causing pain, swelling, weakness, and stiffness, has been granted a 10 percent rating.

The Board has determined that new and material evidence has not been received to reopen the claim of whether the character of the Veteran's December 1975 discharge is a bar to VA benefits. The September 2011 administrative decision finding the discharge was under conditions other than honorable remains final.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's skin cancer, including whether it was caused by in-service exposure to sunlight or herbicides. The case will be remanded for further action.

The Veteran's residuals of a fracture of the left great toe were rated as non-compensable, but granted an initial compensable evaluation of 10 percent throughout the appeal period.

The Board found that the July 28, 1970 rating decision did not contain clear and unmistakable error. The Veteran's claim was denied as there was no evidence of trachoma type conjunctivitis at the time.

The Veteran's right arm and shoulder disorder, including fibrous dysplasia and degenerative joint disease, did not begin during service or due to in-service herbicide agent exposure. The Board denied the claim for service connection.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has determined that the Veteran's gastroparesis had its onset during service and is related to his military service, granting him service connection for this condition.

The Board found that the Veteran's inner ear disorder, including otitis media, did not have its onset during service and is not otherwise related to service. As a result, the claim for service connection was denied.

The Board has granted an effective date of December 1, 2009 for the award of additional compensation for 'C' as a dependent spouse. This decision is based on the Veteran's notification to VA in November 2009 that he was married to 'C'.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a vocational opinion to determine the impact of his service-connected disabilities on his employability.

The Veteran's appeal is being remanded to obtain additional VA treatment records, SSA award documentation, and a VA examination. The issues of service connection for pes planus (flat feet) are also referred to the AOJ.