Other conditions decisions — 2016

The Veteran's left toe disorder, characterized by pain on non-weight-bearing and some functional loss due to repetitive use, does not warrant a higher rating under the applicable diagnostic codes. The Board finds that the evidence is against granting an increased disability rating for his service-connected left toe disorder.

The Veteran does not have a skin disability that was caused by her service. Her claim for service connection is denied.

The Board denied the Veteran's claims for service connection for a hernia and depression, finding that there was no evidence of a current disability related to active service or secondary to a service-connected condition.

The Board has determined that the Veteran does not have current disabilities related to his service, specifically left and right thumb injuries or a bilateral eye disability. Therefore, service connection for these conditions cannot be granted.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses resulting from private hospitalization in September and October 2009 was denied by the Tampa VAMC. The case is being remanded to issue a Statement of the Case.

The Board has remanded the case for additional development due to insufficient opinions regarding the Veteran's claimed polycythemia vera and exposure to herbicides.

The Board found no evidence of a current diagnosis of left ear nerve damage and denied the claim for service connection.

The Veteran's service-connected adjustment disorder resulted in occupational and social impairment during periods of significant stress, warranting a 10 percent disability rating prior to November 28, 2014.

The Board has remanded the case for further development, including providing the Veteran with updated notice and a copy of relevant documents. The AOJ is instructed to ensure proper notification regarding the creation of overpayment and information about requesting a waiver of indebtedness.

The Board denied the appellant's claim for a one-time payment from the FVEC fund as her deceased husband did not have qualifying service in the Philippine Commonwealth Army or recognized guerrillas under U.S. Armed Forces.

Prior to May 8, 2014, the Veteran's TMJ dysfunction was manifested by inter-incisal range of motion between 43.5 to 47 millimeters (mm) and lateral excursion to 7 mm, bilaterally.,Beginning May 8, 2014, the Veteran reported worsening TMJ symptoms with increased frequency of jaw locking and inability to move into maximum opening without pain. The inter-incisal range of motion was reduced to 38 mm and lateral excursion remained at 7 mm, bilaterally.,Beginning August 19, 2015, the Veteran's TMJ dysfunction was manifested by inter-incisal range of motion of 38 mm and lateral excursion to 7 mm, bilaterally.

The Veteran's service-connected low back disability is currently rated as 20 percent disabling, effective October 16, 2008.

The Board denied the veteran's claim for a one-time payment from the FVEC Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that a new VA examination is needed to address the appellant's claims for service connection due to the lack of probative value in previous opinions and the presence of additional evidence received since those opinions.

The appellant is denied accrued benefits as she is not a child of the Veteran and there are no beneficiaries to receive the DIC benefits awarded in July 2009. The only avenue available for the appellant was granted, but it does not include any additional benefits beyond what has already been awarded.

The Board dismissed the appeal due to the appellant's death, as they have no jurisdiction to adjudicate the merits of this case.

The Board has determined that the appellant cannot be recognized as the Veteran's surviving spouse for VA death benefits, including Disability and Indemnity Compensation (DIC) because they were legally divorced at the time of the Veteran's death. The claim is denied.

The Board has granted service connection for a left eye disorder and remanded the issue of an increased rating for a right eye disability.

The Board found that the change in the appellant's means test eligibility category from copay exempt to copay required for income year 2012 was proper, and thus denied the appeal.

The Veteran's claim for service connection for a skin disorder due to Agent Orange exposure is denied as there is no evidence of a current disability and the Board finds that his skin conditions are not related to his presumed exposure to Agent Orange.