Other conditions decisions — 2017

The Veteran's service-connected residuals of a fracture of the right great toe are rated at 20 percent, effective June 23, 1975. The Board finds that this rating is appropriate given the symptoms and functional impairment described.

The Veteran's current tonsillitis is related to his military service and the Board finds that he is entitled to service connection for this condition. The case regarding a bilateral foot disorder will be remanded as it involves a secondary theory of entitlement.

The Board found that the Veteran's residuals of fracture to right pelvis and right acetabulum did not meet the criteria for a rating in excess of 10 percent. The TDIU claim was also denied as there is no evidence showing he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has determined that there is no evidence of recurrence of the Veteran's left inguinal hernia, and thus does not meet the criteria for a higher rating. The Veteran was previously rated at 10% for his left inguinal hernia scar.

The Veteran's left and right thumb disabilities have been granted increased ratings, but no higher. The service connection for chronic fatigue disorder has also been established.

The case is being remanded to determine if the Veteran's spouse can be examined at a VA medical facility or if an in-home examination is necessary.

The Board has determined that the Veteran's squamous cell carcinoma of the left tonsil is related to his exposure to herbicides during service, specifically Agent Orange. As such, the claim for service connection is granted.

The Veteran seeks service connection for muscle pain, joint pain, and skin sensations, which he attributes to environmental exposures during his service in the Persian Gulf War. The Board has determined that a remand is necessary due to incomplete examination reports and inadequate rationale.

The Board found that the Veteran's respiratory disorder and right hand disability were not incurred in service, but granted service connection for the right hand disability as a subsequent manifestation of his already service-connected left hand arthritis.

The Veteran is seeking earlier effective dates for the recognition of his daughters, S.L. and C.L., as dependents on the basis that they were pursuing courses of instruction at educational institutions approved by VA.,VA law requires a specific claim for additional benefits on the basis of a dependent child who is pursuing a course of instruction at an educational institution approved by VA and provides a time limit for filing such a claim.

The Veteran's claim for service connection for a dental disability for treatment purposes is granted. The appeal for compensation purposes is dismissed without prejudice.

The Board has determined that the Veteran's right and left hip disorders are secondary to his service-connected disabilities.

The appellant is not the 'child' of the Veteran and did not submit evidence showing that he bore the expense of last sickness or burial, thus his status as a claimant for accrued benefits is denied.

The Board denied service connection for a right hand and thumb disability, finding no chronic in-service disease or injury that caused the current condition. The Veteran's TDIU claim was also denied as her service-connected disabilities do not render her unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's current respiratory/pulmonary disability is not related to his active service and therefore denied his claim for service connection.

The Board has ordered additional development to obtain medical records and opinions regarding the Veteran's lung and eye disorders, as well as their relationship to service. The case will be remanded for further action.

The Veteran's death was not recognized as a surviving spouse due to the termination of his marriage with the appellant in 1986, making her ineligible for VA benefits.

The Veteran's right foot disability, characterized as metatarsalgia with acquired pes cavus and calluses, has been productive of moderately severe impairment due to pain. The Board finds a 20 percent rating is warranted for the entire period on appeal.

The Board has determined that another remand is required to obtain the appellant's complete service personnel records and an adequate VA examination.

The Board found that the Veteran's current respiratory disorder is not due to any disease, injury or event in active service, including as due to asbestos exposure.