Other conditions decisions — 2009

The veteran's appeal for an increased rating for left brachial plexus neuropraxia of the posterior cord is being remanded to schedule a new VA examination that includes EMG and NCV testing.

The appeal is remanded for another examination to determine the nature and etiology of any residuals of a cold injury or bilateral foot disorders, including whether they were caused by service or aggravated by a service-connected disability.

The Board denied the claim for an effective date prior to March 26, 1993, for the award of SMC at the (r)(1) rate.

The veteran's claim for service connection for idiopathic thrombocytopenia purpura was remanded to obtain updated treatment records and a new medical examination.

The Board remands the claim for a dose estimate that considers the veteran's close proximity to the reactor during his time at Savannah River Defense Area, and for an updated opinion based on this information.

The appeal is remanded to the M&ROC/AMC for additional development, specifically to provide VCAA notice that complies with the Board's November 2007 remand instructions.

The Board denied an earlier effective date for posthumous entitlement to compensation during the veteran's lifetime for service-connected cancer of the lung and esophagus, secondary to herbicide exposure.

The veteran withdrew the appeal regarding the initial compensable rating for asthma.

The Board denied service connection for degenerative intervertebral disc disease, status post laminectomy at L5, lumbar spine, as the condition was not manifest during service, within one year of separation, and is not attributable to service.

The veteran's skin disorder was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service, including as a result of exposure to Agent Orange.

The Board remands the case for further development and readjudication.

The veteran's left leg ulcer is rated at 10 percent, with a separate 10 percent rating assigned for associated muscle loss.

The veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation, effective May 19, 2004.

The Board denied compensation under 38 U.S.C. § 1151 for peptic ulcer with gastrointestinal hemorrhage and anemia, as well as a total disability rating based on individual unemployability due to service-connected disabilities.

The appeal was withdrawn by the appellant before a decision could be made.

The recoupment of the veteran's separation pay from his VA disability compensation was determined to be proper according to the law.

The veteran's gynecomastia is rated at 10 percent, which is the maximum rating available for a painful scar. The claim for service connection for right foot corns located on the second and third toes of his right foot was not addressed in this decision.

The Board remands the claim for a medical opinion to determine if VA's carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault proximately caused additional disability.

The veteran's disability compensation benefits were terminated effective December 27, 2001, due to his fugitive felon status and were not restored as the evidence established he was a fugitive felon from February 20, 1997, until March 25, 2005.

The appeal to reopen a claim for service connection for a bilateral eye disability on a direct basis was denied because the evidence submitted since the January 2002 denial did not relate to an unestablished fact necessary to substantiate the claim and did not raise a reasonable possibility of substantiating that claim.