Other conditions Board decisions

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 and special monthly compensation due to right testicular infarction and loss of use of a creative organ resulting from hernia repair surgery performed at a VA facility in January 2008 is being remanded for additional development.

The appellant's father served in the Republic of Vietnam, but her mother did not. The appellant has hidradenitis suppurativa and does not have spina bifida, which is required for benefits under 38 U.S.C.A. § 1805.

The Board has determined that the effective date for adding the Veteran's spouse as a dependent should be March 1, 2001. This decision is based on the earliest of the date of claim (October 1997), the date dependency arose (January 1986), or the effective date of the qualifying disability rating.

The Veteran's claim for an evaluation in excess of 40 percent for residuals of a gastric resection is being remanded due to the need for additional medical records and examination.

The Veteran died from congestive heart failure with atrial fibrillation as a significant contributing factor. The VA does not meet the criteria for compensation under 38 U.S.C.A. § 1151 due to lack of evidence of negligence or fault on the part of VA providers.

The Board has remanded the case due to insufficient service verification and new evidence submitted by the appellant. The claim will be reviewed again after additional development.

The Board denied the Veteran's claim for service connection for a facial disorder, finding that there was no current diagnosis of an underlying disability and insufficient evidence linking his complaints to his period of active duty.

The Veteran's skin disability is rated at 30 percent, and the Board finds that a higher rating is not warranted.,There is no current diagnosis of a sleep disorder. The Veteran's service treatment records do not contain evidence of any findings related to his claimed sleep disorder.

The Board found no evidence that the Veteran's hiatal hernia was incurred in service and denied his claim for service connection.

The Veteran's abdominal aortic aneurysm is being reconsidered due to the grant of service connection for COPD. The Board has ordered additional development, including a VA examination, to determine if the abdominal aortic aneurysm is secondary to his now-service-connected COPD.

The Veteran's service-connected status post septorhinoplasty for residuals of nasal fracture does not meet the criteria for a compensable evaluation.

The Veteran is seeking service connection for varicose veins and poor circulation in his lower legs and feet, which he claims are related to his service-connected diabetes mellitus. The Board has ordered a remand to obtain an addendum from the VA examiner who conducted the June 2010 examination.

The Veteran's right shoulder disability, characterized by a right rotator cuff tear and subsequent surgeries including glenoid interpositional arthroplasty with meniscal allograft, is not productive of limitation of the arm to 25 degrees from the side. As such, his claim for an increased evaluation beyond 30 percent has been denied.

The Veteran's claim for an earlier effective date for the award of service connection for residuals of a neck injury, to include on the basis of clear and unmistakable error (CUE) in a May 16, 1996 RO rating decision, is denied as there was no CUE.

The Veteran's left hip avascular necrosis was rated at 20 percent prior to January 12, 2009 and increased to 30 percent from that date onward.

The Board has determined that the Veteran's left fifth metatarsal fracture was incurred as a result of his service-connected pes planus, and therefore grants service connection for this condition.

The Board has requested clarification on the factual basis of a VA examination report due to discrepancies between service treatment records and the examination report. The case is being remanded for further review by an appropriate medical professional.

The Veteran's left ring and little finger disability, which included a fracture of the ring finger, was not found to warrant an initial compensable rating as there was no evidence of loss of use or significant functional impairment.

The Veteran seeks service connection for a moderate obstructive lung defect. The Board has determined that additional development is needed, including obtaining the complete record of her service and providing her with an examination to determine the nature and etiology of her current lung disorder.

The Board found that the reduction of the Veteran's pension benefits to the annual rate for a married Veteran who is not living with his spouse and does not reasonably contribute to the support of his spouse as of August 1, 2006 was proper.