Other conditions Board decisions

The Board has determined that the Veteran's pre-existing neurological disability of the lower extremities was aggravated by service, and thus grants service connection for this condition.

The Veteran's claim for an increased evaluation for fracture of the right big toe with hallux valgus was denied. The Board found that the current rating of 10 percent adequately reflects the severity and symptoms of his condition, including pain and limited motion.

The Board has granted the Appellant's claim for recognition as the Veteran's surviving spouse for purposes of VA benefits, finding that she met all criteria including living with the Veteran continuously from the date of marriage to his death and holding themselves out as married.

The Board found no evidence linking the Veteran's current skin disorder to his period of active service, and denied his claim.

The Veteran's claim for service connection for tooth injuries is denied as there is no evidence of in-service dental trauma.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's obstructive sleep apnea (OSA). The claim for service connection for a respiratory disability remains in appellate status.

The Veteran's service-connected back strain with history of minimal diffuse bulge at L2-3, L3-4, and L4-5 has been evaluated as 20 percent disabling. The Board found that the disability did not warrant a higher rating based on current symptoms.

The Board has determined that the Veteran's keloids on the scalp and chest did not have their clinical onset in service, nor are they otherwise related to active duty. The VA examiner found no clear documentation of PFB during service and concluded that the current keloids are unrelated to any condition treated for during service.

The Board denied the Veteran's petition to reopen his claim for service connection for a back injury (claimed as residuals of gunshot wound of the back) due to lack of new and material evidence. The submitted evidence was found to be duplicative or not related to an unestablished fact necessary to substantiate the claim.

The Veteran's decreased vision is not service-connected as refractive error, which cannot be granted due to its definition.,There is no evidence of a respiratory disorder during or after service. The atypical chest pain was found to be related to cardiac issues.

The Veteran's appeal is remanded due to a need for additional medical examination and consideration of his subjective complaints related to his service-connected onychomycosis.

The Veteran's appeal is being remanded for scheduling a Board videoconference hearing at the closest, most convenient location to the Veteran that is equipped to conduct such hearings with the Board. The Veteran and his representative should be contacted regarding the locations closest to him that are capable of hosting a Board video conference.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's chondromalacia patella of the left and right knees are currently rated at 10% each, with no evidence of ankylosis or instability. The Board found that the current ratings adequately reflect the severity of the disability.

The appellant is not recognized as the surviving spouse of the Veteran for VA benefits, and her claims for accrued benefits are denied.

The Board has determined that a remand is necessary to obtain clarification of the appellant's contentions regarding the cause of the Veteran's death and to provide an opinion on whether service connection for the cause of death should be granted.

The Board denied the appellant's request for an extension of her delimiting date for Dependents' Educational Assistance (DEA) benefits beyond August 1, 2011. The decision found that she was not eligible for such an extension due to reaching age 31 and because her original delimiting date fell outside a term.

The Board has determined that VA waived the timeliness of the appellant's substantive appeal with respect to an April 2004 rating decision denying service connection for the cause of the Veteran's death. The appeal is therefore granted.

The Veteran did not have any pending claims for benefits before VA at the time of his death. The appellant filed her initial claim for benefits more than one year after the Veteran's death, and thus accrued benefits cannot be established.

The Board has determined that a remand is necessary to clarify the amounts owed and actually paid to the Veteran, as there are conflicting information in the records. The overpayment calculation for separation payment and removal of dependents will be reviewed.