Other conditions decisions — 2018

The Veteran's right great toe hallux rigidus with degenerative changes is already rated at the maximum allowable rating (10%) under Diagnostic Code 5281, which specifically compensates for hallux rigidus. The disability does not meet criteria for a higher rating as it does not affect two or more major joints or joint groups.

The Veteran's neutropenia has been rated at 100 percent since November 28, 2001 due to recurrent infections.

The Board dismissed the appeal as the appellant withdrew her claim of service connection for the cause of the Veteran's death.

The Veteran's claim for nonservice-connected pension benefits was initially denied due to a lack of verified wartime service. After the Veteran provided additional documentation showing his active duty during a period of war, the RO continued to deny the claim based on the need to determine his financial eligibility for pension benefits. The case is being remanded to issue an SSOC and adjudicate the issue of countable income.

The Board found that the Veteran's pension benefits were terminated due to unreported assets, specifically an investment fund and Certificates of Deposit. The termination was deemed proper as it prevented the use of the Veteran's net worth for maintenance.

The Board has determined that the decedent did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrilla service. The case is being remanded to request verification of all claimed organizations and then readjudicate the claim.

The Veteran's service as a Philippine Scout is not considered wartime service, thus he does not qualify for nonservice-connected pension benefits. The overpayment of NSC pension benefits was created due to the Veteran's failure to report relevant income information and is therefore not due solely to administrative error.

The Veteran's service-connected panic disorder with agoraphobia is rated at 50 percent, which is the maximum rating available under the criteria. The Board found that the symptoms do not warrant a higher rating and denied the claim for an increased rating.

The Veteran's claim for service connection of a stomach disorder is denied as there is no evidence of a current disability during the appeal period.

The Board has remanded the Veteran's claims for radiculopathy of the left and right arms, as they are related to service connection. The Veteran contends that his ulnar nerve damage is due to a viral infection or vaccinations during service.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's skin condition and its relation to herbicide exposure. The Veteran will need a VA examination to determine if his current skin condition is related to his service.

The Board finds that a remand is necessary to ensure there is a complete record upon which to decide the Veteran's claim for service connection for congestive heart failure, secondary to his service-connected obstructive sleep apnea.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed as she withdrew her appeal in July 2018.

The Veteran's TDIU claim is remanded due to the need for additional evidence regarding her employment and income status.

The Board denied the Veteran's claim for service connection for chronic residuals of head trauma, finding no credible evidence linking current symptoms to his in-service injuries.

The Board denied service connection for TMJ as the evidence does not support a finding that it began during service or is related to an in-service injury, event, or disease.

The Board denied service connection for a right eye condition as there is no current diagnosis of such and the Veteran's claim fails to meet the threshold requirement for service connection.

The Veteran's appeal is denied as he was not discharged under conditions other than dishonorable, thus making him ineligible for the Veterans Retraining Assistance Program (VRAP).

The Board has decided to remand the case due to inadequate examination for assessing the severity of the service-connected right Achilles Tendonitis. A new examination is required to provide a thorough assessment and determine appropriate disability rating.

The Veteran's appeal is remanded due to the need for a more contemporaneous examination of his service-connected left knee disability, as well as the need to associate any VA treatment records from July 2015 onwards with the claims file.