Other conditions decisions — 2009

The Veteran's throat cancer and squamous cell carcinoma of the left tongue base and tonsil are presumed to be related to exposure to herbicides in Vietnam, thus service connection is granted.

The Veteran's chronic right epididymitis is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's claim for an increased rating for his service-connected left index finger disability is being remanded due to the need for a new VA examination and consideration of additional evidence.

The Veteran's service-connected dysthymia is manifested by frequent panic attacks, mood disturbances, and episodes of depression. The VA examiner found that the disability results in occupational and social impairment with reduced reliability and productivity, warranting a 50 percent evaluation.

The Veteran's claim for service connection for basal cell carcinomas of the face due to cold injuries is being remanded as there are insufficient medical records to determine the etiology.

The Veteran's claims for increased ratings for right and left hip strain/sprain, as well as lumbosacral sprain/strain after September 13, 2006, were denied. The medical evidence did not support the need for higher ratings under applicable diagnostic codes.

The Veteran's recurrent skin infections, variously diagnosed, affecting multiple areas of the body are currently rated at 60 percent. His disfigurement of the head, face, and neck due to skin infections is rated at 30 percent. The Veteran does not have functional impairment of his feet or residuals from tonsillectomy.

The Board found that the Veteran's insomnia and weight loss are symptoms of his service-connected anxiety disorder, and thus not separate disabilities warranting individual service connection.

The Board has denied the Veteran's claims for service connection for numbness of hands, face, and feet, shortness of breath, and a gastrointestinal disorder (GERD or hiatal hernia). The evidence received since the last final denial does not present a new theory of entitlement or relate to an unestablished fact necessary to substantiate the claim.

The Veteran's initial evaluations for panic disorder with agoraphobia and residuals of an excised pilonidal cyst have been granted, but at the lowest possible ratings due to the severity of her symptoms.

The Board finds that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of VA benefits due to continuous cohabitation from the date of marriage until the Veteran's death.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for bilateral eye disability, and it is granted.

The Board has restored the Veteran's 100 percent rating for non-Hodgkin's lymphoma as it found that a reduction was improper due to lack of examination prior to reduction and inadequate examination.

The Veteran's service-connected conditions do not result in loss of use of one or both hands, thus he is not eligible for financial assistance in purchasing an automobile or adaptive equipment.

The Board denied service connection for cause of the Veteran's death in February 2006. The appellant submitted a reopened claim on March 31, 2006 and was granted service connection effective March 31, 2006. An earlier effective date is not legally precluded.

The Board has remanded the case for further development and consideration, including a request to the service department for verification of the appellant's claimed period of active service.

The Veteran's claim for service connection for back pain is being remanded due to the need to obtain his Social Security Administration (SSA) disability benefits file.

The Veteran's PTSD is productive of occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood. The Board has found that the evidence supports a 70 percent rating for PTSD from March 7, 2007.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim of entitlement to service connection for infertility as secondary to orchitis. The claim is therefore denied.

The Board is unable to determine when the Veteran was first issued payment by SSA and needs to examine whether the overpayment of nonservice-connected pension and special monthly pension benefits in the amount of $2,107.00 was properly created.