Other conditions decisions — 2017

The Board has determined that the Veteran's current restrictive ventilatory defect and lung and breathing problems are not related to his service, and thus denied both claims.

The Veteran's claim for service connection for a respiratory disorder, including as due to herbicide exposure, is being remanded for additional development.

The Board found that the calcified granuloma in the right lung was not manifested during service and is not linked to service or a service-connected disability, thus denying service connection.

The Veteran's service-connected hyperhidrosis does not result in inability to hold paper or tools and is not unresponsive to therapy, thus the claim for a compensable evaluation has been denied.

The Veteran's claim for nonservice-connected disability pension benefits was denied as he failed to provide adequate income and medical expense information during the relevant period on appeal.

The Veteran's neurological disorder of the right leg, which includes meralgia paraesthetica, is rated at the maximum schedular rating (10%) and does not meet criteria for a higher rating under any other diagnostic codes. The disability picture does not warrant an extraschedular evaluation.

The Board has determined that the Veteran's skin disorder, best characterized as benign subcutaneous nodules, is related to his in-service exposure to ionizing radiation and grants service connection for this condition.

The Veteran's prostate disability was not incurred in service, including due to herbicide exposure. The Board found no positive association between the current prostate condition and presumed herbicide exposure.

The Veteran's left foot disability, characterized as a status post fracture metatarsal injury, is currently rated at 10 percent under Diagnostic Code 5284. The Board finds that the evidence does not support an evaluation in excess of this rating.

The Board finds that the Veteran's bilateral torn retinas with blindness is related to service, and grants service connection for this disability.

The Veteran's claim for an increased rating for his right foot disability was denied. The Board found that the evidence did not show actual loss of use of the foot, which is required for a higher rating.

The Veteran's claims for increased ratings have been denied. The claim of a rating in excess of 50 percent for left shoulder supraspinatus rotator cuff tendinitis with subacromial bursitis is dismissed. From August 13, 2010, the Veteran's residuals of right foot injury with degenerative changes at the first metatarsal phalangeal joint and history of fracture, fifth metatarsal, are rated at 20 percent.

The Board has determined that the Appellant is entitled to recognition as the Veteran's surviving spouse for VA benefits purposes, based on her marriage to the Veteran and the birth of their children.

The Board has determined that the Veteran's service-connected psoriatic arthritis contributed to his death due to coronary artery disease, and therefore grants service connection for the cause of death.

The Veteran's initial claim for a compensable rating for residuals of right foot fracture prior to November 7, 2016 was denied.,From November 7, 2016 onwards, the Veteran is entitled to a 10 percent disability rating for his residuals of right foot fracture.

The Veteran's appeal is being remanded for a Travel Board hearing on the issue of service connection for dextroscoliosis (claimed as low back pain).

The Veteran's marriage to the Appellant was less than one year at the time of his death, and she has not provided sufficient evidence to establish her eligibility as a surviving spouse for DIC and/or death pension benefits.

The Veteran's back disability rating reduction from 40 to 20 percent was found to be improper due to the lack of a full and complete examination. The Board also denied an increased rating for his back disability, finding that there is no evidence of actual improvement in his ability to function under ordinary conditions of life and work.

The Veteran's meralgia paresthetica, claimed as left leg numbness condition, began during his in-service deployment and has continued to the present day. The Board finds that service connection is granted for this condition.

The Board found that the overpayment debt was validly created due to the Veteran's failure to timely report his divorce from his former spouse and continued acceptance of payment for a dependent he was not entitled to.