Other conditions decisions — 2016

The Veteran's appeal is being remanded for additional development, including scheduling a hearing and evaluating his TDIU claim. The issues of increased rating for facet syndrome at L4 and L5-S1 and entitlement to a total rating for compensation purposes based on individual unemployability (TDIU) are pending.

The Board has determined that the appellant's net worth is sufficient to meet her basic needs for the foreseeable future, and thus she does not qualify for nonservice-connected death pension benefits.

The Veteran's bilateral surgical scars, status post bunionectomies warrant a rating of 10 percent but not higher throughout the period of the claim.

The Board has determined that the Veteran does not have residuals of a right femur stress fracture or an eye injury related to service and therefore, denied both claims.

The Board has remanded the case due to insufficient verification of the Veteran's exposure to herbicides during his service, specifically at Andersen Air Force Base in Guam and Offutt Air Force Base in Nebraska.

The Veteran's service-connected left foot disability is currently rated at 10 percent, and the Board finds that a higher rating of 20 percent is not warranted based on the evidence of record. The Veteran's symptoms are described as moderate in nature with frequent flare-ups of severe pain, but his gait and posture remain normal, he has not used assistive devices for ambulation, there have been no abnormal shoe wear patterns, and he has not completely lost all functional use of his left foot.

The Board has determined that the appellant's spouse did not have valid military service in the United States Armed Forces, and therefore is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's heart disorder, including atrial fibrillation, is presumed to be due to herbicide exposure during service. The Board has ordered a remand for further development and an opinion on the etiology of his heart disorder.

The Veteran died from glioblastoma, a form of brain cancer. The Board found no evidence to support the claim that his glioblastoma was caused by his presumed in-service exposure to Agent Orange.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and updated VA treatment records. The issues of service connection for amputation of the right foot, entitlement to SMC based on erectile dysfunction, evaluation in excess of 50 percent for PTSD prior to December 18, 2015, and TDIU prior to December 18, 2015 are being remanded.

The Board found that the Veteran's failure to report her divorce and return to active duty led to the creation of an overpayment. Recovery would not defeat the purpose of the benefit, but could result in unjust enrichment for the Veteran.

The Veteran's cold injury residuals of the right and left lower extremities have been rated at 30 percent since June 10, 2005, for the right foot, and February 6, 2005, for the left foot. The rating is based on symptoms such as pain, numbness, cold sensitivity, X-ray abnormalities like osteoarthritis, and nail abnormalities.

The Veteran's service-connected residuals of shell fragment wounds to the abdomen and right groin area are currently rated at 10 percent, which is the minimum rating available under Diagnostic Code 5319. The VA examiner found no more than moderate impairment in muscle function.

The Veteran's service connection claim for cancer of the throat and neck is granted as his condition was incurred in service.

The Board has reopened the claim of service connection for residuals of a brain tumor due to new evidence suggesting that the Veteran's brain tumor may have pre-existed service. The claim is now considered substantiated.

The Board finds that the Veteran's vision loss due to mild convergence insufficiency, cataracts, and dry eyes first manifested in service and has been recurrent since separation from active duty. The claim for service connection is granted.

The Veteran's right eye infection and subsequent enucleation were not caused by VA negligence, but the additional disability was a foreseeable risk of the July 2011 VA surgery.

The Veteran's unauthorized medical expenses incurred at Lake City Medical Center on October 3, 2013 were denied as the treatment was not rendered in a medical emergency and VA facilities were feasibly available.

The Board found that the Veteran's right leg disorder did not have its onset during service or due to his service-connected right ankle and foot disability, thus denying the claim for service connection.

The Veteran's cold injury residuals of the feet and patellofemoral chondromalacia of both knees have been rated as 20 percent disabling prior to March 31, 2014, and as 30 percent thereafter. The Veteran is not entitled to a higher rating for these conditions.