Other conditions decisions — 2016

The Veteran's left hand muscle loss is currently rated as 10 percent disabling, but does not meet the criteria for a higher rating due to lack of evidence of moderately severe or severe disability.,The Veteran's long finger condition does not meet the criteria for a compensable initial rating.

The Board has determined that the Veteran's son does not have any form or manifestation of spina bifida other than spina bifida occulta, which is excluded by law. The evidence does not support a finding of other forms of spina bifida.

The Board found that the numbness of both feet was not proximately due to or aggravated by the Veteran's service-connected genitourinary disabilities, specifically treatment received for such service-connected disorders on May 23, 2002.

The Board has remanded the case due to a recent administrative decision denying the Veteran's claims for clothing allowance for right knee brace and medicated cream. The Veteran must file a substantive appeal if they wish to proceed with this issue.

The Veteran's claim for vocational rehabilitation services was denied due to his refusal of an initial evaluation. The Board has ordered the AOJ to issue a supplemental statement of the case that includes recitation of relevant regulations.

The Veteran was overpaid special monthly pension benefits based on aid and attendance for the period December 1, 2008 to February 28, 2009. The Committee determined that recovery of this amount would not be against equity and good conscience.

The Veteran timely filed a notice of disagreement with the initial rating assigned in the March 2006 rating decision granting service connection for popping of the left TMJ with myofascial pain dysfunction, and his appeal is granted.

The Veteran's claim for service connection for a right hip condition, which is secondary to his service-connected right knee disability, has been remanded due to the need for an examination and additional development of the record.

The Board finds that the Veteran's pleural plaques do not meet or approximate the criteria for a compensable rating under the applicable VA Schedule for Rating Disabilities. The evidence does not show forced vital capacity (FVC) of 75 to 80 percent of predicted value, or diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO (SB)) of 66 to 80 percent of predicted value.

The Board is remanding the case to obtain additional information regarding the appellant's eligibility as a surviving spouse and to provide her with proper VCAA notice. Additionally, the Board is requesting an updated VA medical opinion to clarify whether the Veteran's service-connected hepatitis A/B contributed to his development of Acute Myelogenous Leukemia (AML) and if his pancytopenia was causally related to events during his military service.

The Board found that the termination of NSC pension benefits from February 1, 2008 to March 31, 2008 was not proper due to an error in effective date. The termination of NSC pension benefits from April 1, 2008 to January 31, 2010 was proper based on increased countable income.

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

The Board denied an earlier effective date for adding the Veteran's spouse as a dependent due to lack of evidence submitted within one year of notification of the initial award of nonservice-connected pension benefits.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing at the RO due to his hip replacement and subsequent recovery.

The Veteran's left foot disability is currently rated at 30 percent, the maximum available under Diagnostic Code 5310. The evidence does not support a higher rating as his disability does not meet the criteria for loss of use of the foot or any other diagnostic codes that would warrant an increase in evaluation.

The Board denied the Veteran's claim for an extraschedular rating for temporomandibular joint dysfunction, finding that the symptoms are either contemplated by the rating criteria or within the governing norms and do not present such an exceptional or unusual disability picture as to render impractical the application of the regular schedular standards.

The Veteran's esophageal cancer is not service-connected due to lack of evidence linking the condition to his military service, including presumed exposure to Agent Orange.

The Board has remanded the case due to the need for clarification of VA opinions regarding service connection for a respiratory disorder and lymphadenitis.

The evidence does not support a finding that the Veteran's right eye disability was incurred or aggravated by his active service, including his period of ACDUTRA. The Board finds no competent medical opinion linking the Veteran's current right eye condition to his military service.

The Veteran's TDIU claim from February 18, 2014 is rendered moot due to the grant of special monthly compensation under section 38 U.S.C. 1114(s) based on permanent housebound condition.