Other conditions decisions — 2016

The Veteran's claim for a higher rating for his service-connected residuals of a fracture of the pelvis, with degenerative joint disease of the left hip, was denied. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 5255.

The Veteran's initial rating for his service-connected left foot disability has been increased to 30 percent, effective October 4, 2012.

The Veteran's appeal for service connection for a bilateral eye disability has been dismissed due to his death.

The Board found that the Veteran does not have a current diagnosis of a bladder/incontinence condition and therefore, service connection for this condition is denied.

The Board granted a 30 percent rating for diplopia with trochlear nerve palsy, right eye effective January 21, 2014.

The Board has remanded the case for additional development due to inadequate medical opinions regarding service connection for back and head injuries.

The Board has remanded the case for additional development, including obtaining VA medical records and verifying potential exposure to hazardous materials during service. A VA examination is also required to determine if the Veteran's hairy cell leukemia is related to his military service.

The Veteran's death was not due to willful misconduct and he had a total disability rating for more than 10 years at the time of his death. However, since he did not have a continuous total disability rating for 5 years from discharge or for more than 10 years at the time of his death, DIC benefits under 38 U.S.C.A. § 1318 are denied.

The Veteran's left ring finger fracture is not service-connected, but numbness of the mouth resulting from inservice dental surgery is granted.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Veteran's claim for service connection for periodontal disease for VA compensation purposes is denied as the condition does not meet the criteria for a compensable disability.

The Veteran's overpayment of service-connected disability benefits is waived due to the equitable and good conscience factors, including financial hardship and unjust enrichment.

The Veteran's claims for nonservice-connected pension and special monthly pension benefits were denied due to lack of response regarding income and expense information. The case is REMANDED for readjudication with consideration of the submitted evidence.

The Veteran's claim of service connection for a right eye disorder is being remanded due to the need for additional examination and evidence. The current diagnoses include presbyopia, myopia, and astigmatism, which may be related to his in-service injury.

The Veteran claims compensation under the provisions of 38 U.S.C.A. § 1151 for additional respiratory disability as a result of VA surgery performed on January 4, 2010. The Board finds that remand is necessary to obtain relevant medical records and ensure proper development.

The Board has granted service connection for anisometropia and cystoid macular edema as direct consequences of inservice left eye cataract surgery. The remaining issues are remanded for further development.

The Board has remanded the case due to incomplete information regarding the appellant's marital status and SSA records, which may be relevant to her eligibility for VA improved death pension benefits.

The Board has determined that the Veteran's degenerative changes of the tibiotalar and subtalar joints with subchondral edema and subcortical cysts of the left foot were incurred during active service, resolving all doubts in favor of the Veteran.

The Veteran's blindness in both eyes, with only light perception, meets the criteria for an increased special monthly compensation rate at the 'm' level.

The Board has remanded the case due to inadequate VA examination and need for additional medical records, including ongoing treatment records.