Other conditions Board decisions

The Board has remanded the case for further development, including requesting clarification from the January 2009 examiner on the etiology of the Veteran's fibrosing mediastinitis and right thigh condition. The issue of an initial disability rating higher than 30 percent for migraines with migraine variants is also being addressed.

The Board has determined that there is no current evidence of a right tibial stress fracture or its residuals, and the Veteran's symptoms are attributed to her newly diagnosed rheumatoid arthritis. Therefore, service connection for residuals of a right tibial stress fracture is denied.

The Board has determined that the Veteran's diagnosed bilateral leg cellulitis was not incurred in or related to his active military service. The preexisting condition, if any, did not become manifest during service and is not otherwise aggravated by service.

The Board found that the Veteran's current femoral artery disease is not related to his military service, herbicide exposure, or his service-connected coronary artery disease. Therefore, service connection for femoral artery disease was denied.

The Veteran's arteriosclerotic cardiovascular disease, which caused his death in December 2006, is found to be related to service and thus service connection for the cause of the Veteran's death is granted.

The Veteran's surviving spouse appealed for an earlier effective date for DIC benefits, but a May 2013 rating decision granted the benefit as of December 1997. The appeal is dismissed as the claim has been fully resolved.

The Veteran's hammertoes are found to be related to service, with reasonable doubt resolved in favor of the Veteran. The claim for hallux valgus is being remanded.

The Veteran's claim for an earlier effective date for ALS and a higher rating was denied as the evidence did not support such claims prior to the dates assigned.

The Board found that the case was referred to the Compensation and Pension Service Director for extraschedular consideration, but denied the claim as there is no remaining allegation of error of fact or law concerning the appeal.

The Veteran's benign prostatic hypertrophy has been rated at a minimum of 40 percent throughout the period of appeal. The criteria for a higher rating have not been met prior to February 14, 2012.

The Veteran's appeal is being remanded due to missing records and the need for additional information from various Regional Offices. The claim will be reconsidered after obtaining any relevant documents.

The Board has determined that additional development is needed to accurately assess the Veteran's overpayment and determine its validity. The case will be remanded for a paid and due audit of the Veteran's account, including how the initial debt was calculated from the 61st day following incarceration as well as on a month-by-month basis.

The Board has remanded the case for additional development due to outstanding VA and private treatment records, including those from the Veteran's discharge from service. The claim will be reconsidered after all necessary actions are taken.

The Board has remanded the case for additional development due to a lack of records, including SSA disability benefits records. The appellant's claim for benefits under 38 U.S.C. § 1815 for a child born with certain birth defects will be reconsidered after all relevant evidence is obtained and considered.

The Veteran's request for waiver of recovery of an overpayment of $2,867.00 was granted as it would be against equity and good conscience to recover the amount due to the Veteran's failure to report his change in marital status.

The Veteran's claim for service connection for scleroderma is being remanded due to the need for additional development, including obtaining relevant service personnel and treatment records from his period of Annual Training in September 2006. The Veteran should also be provided with a VA examination to determine the nature and etiology of his current scleroderma.

The Board found that the July 9, 2009 decision awarding nonservice-connected death pension benefits to the appellant with one dependent child (Melvin) but not excluding her child's SSA income in determining the amount of this award was properly promulgated. The appellant failed to complete and return forms necessary for Lauren and Ashley to be considered as dependents, and for Melvin's SSA income to be excluded due to hardship.

The Veteran's left foot disability has been rated at 10 percent since March 2010. The Board finds that the evidence does not support a higher rating prior to June 15, 2010, but that an increase to 20 percent is warranted from that date.

The Veteran's appeal is remanded due to the need for a new VA examination to assess his current symptoms related to his service-connected pulmonary embolism, including those caused by anticoagulant medication. The case may also be considered for an extraschedular rating.