Other conditions decisions — 2016

The Veteran's claims for higher initial ratings for his service-connected splenectomy and left tibia and fibula fracture prior to September 29, 2011 have been denied. The Veteran is currently in receipt of the maximum schedular disability rating of 20 percent under Diagnostic Code 7706 for the splenectomy and a 30 percent rating for residuals of the left tibia and fibula fracture prior to September 29, 2011.

For the entire appeal period, the service-connected dyshidrosis of the feet required more than topical therapy and affected less than 20 percent of the total body area. The Board found that a rating higher than 10 percent was not warranted.

The Board found that the Veteran's current dysthymic disorder is not related to his military service, and thus denied his claim for service connection.

The Board has remanded the case for further development, including scheduling a VA examination to determine if the Veteran has any skin disorder and whether it is related to his service, specifically exposure to radiation. The claim will be reconsidered after this additional development.

The Board has remanded the case for further development, including a VA examination to assess the Veteran's service-connected disabilities and their impact on his ability to work. The claim will be readjudicated based on this additional evidence.

The Board has determined that the Veteran does not have a current lung disability and finds no evidence of asbestos exposure during service. The VA examiner opined that any abnormalities found on imaging studies are at least as likely as not due to cigarette smoking, idiopathic causes or post-service employment as a pipe-fitter.

The Board denied the Veteran's claim for dependency benefits based on a marriage to SY, as there was no evidence of termination of his common law marriage with SH.

The Veteran's claims for service connection for tachycardia and pericarditis were denied as there is no current diagnosis of these conditions, and the VA examiner found that any current symptoms are not related to her in-service treatment.

The Veteran's appeal for service connection for enlarged heart has been withdrawn, and the case is dismissed.

The Veteran's death was granted service connection for the cause of his death on June 1, 2007, which is within one year of his death and thus qualifies as an effective date.

The Board has decided to remand the case for further development, including a VA psychiatric examination to determine if any bowel/bladder disorder is caused or worsened by service-connected PTSD.

The Board of Veterans' Appeals (Board) denied the Veteran's claim for an effective date prior to April 25, 2011 for adding his dependent spouse, P.C., to his compensation award. The decision stated that VA did not receive proper notification of either the Veteran's divorce from C.C. or marriage to P.C. prior to April 25, 2011.

The Board has determined that the appellant did not submit a timely substantive appeal regarding her eligibility for VA compensation and pension benefits based on active service. The appellant does not have qualifying active service for purposes of establishing eligibility to VA compensation and pension benefits.

The appellant is not entitled to VA death benefits as she and the Veteran had divorced prior to his death, making her ineligible for surviving spouse benefits.

The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death and whether his service-connected conditions contributed to it. The appellant is asked to provide medical records prior to the Veteran's death, and a VA examiner will review the claims file to determine if the POW experience caused or contributed to the Veteran's death.

The Veteran's claim for a higher rate of nonservice-connected pension benefits is denied as he is already receiving the maximum benefit available under the law.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the issue currently on appeal.

The Board has determined that the Veteran does not have current diagnoses of residuals from gunshot wounds to the stomach, throat condition (causing excess mucus and spitting), or bladder condition. Therefore, service connection for these conditions is denied.

The Board has determined that the Veteran's residuals of fracture of the right fifth metacarpal do not warrant a compensable rating, as there is no evidence of limitation of motion. The left ankle strain and right ankle strain have been rated appropriately based on their current severity.

The Veteran's claims for service connection for neurological impairment of the upper extremities and bone marrow disability have been denied as there is no current diagnosed condition that can be linked to active service or a service-connected disability.