Other conditions decisions — 2010

The Board has determined that the Veteran's cyst on the left chest developed during his military service and is therefore granted service connection.

The Veteran's right knee disability, characterized by flexion greater than 60 degrees and limited extension to 20 degrees with pain on motion but without instability, has been rated at 10 percent since May 7, 2009. Effective from that date, the Veteran is now entitled to a separate evaluation of 30 percent for limitation of extension.

The Veteran's claim for an extension of his period of eligibility for receiving educational assistance benefits under the provisions of Title 38, Chapter 30 (Montgomery GI Bill) beyond July 29, 2006 was denied. The Board found that the delimiting date for his eligibility had been properly calculated as July 29, 2006.

The Veteran's appeal for compensation under 38 U.S.C.A. § 1151 for vision loss has been dismissed due to the death of the appellant.

The VA determined that the Veteran's service-connected residuals of a fractured left index finger do not warrant an initial, compensable evaluation due to lack of limitation of motion or loss of function.

The Board denied the appellant's claim to reopen his eligibility for VA disability benefits due to lack of new and material evidence that would establish service in the U.S. Armed Forces, which is required for basic legal eligibility.

The Board denied the Veteran's claim for service connection for gastrointestinal cancer, to include cancer of the stomach (claimed as cancer of the esophagus), finding that there was no evidence of herbicide exposure in Korea and thus no presumption applies. The Board also found no asbestos exposure during service. As a result, the claim failed on both grounds.

The Board has found new and material evidence to reopen the claim for service connection for a postoperative ulcer disability. The Veteran's current ulcer disability is not shown to have begun in service or within one year of separation from service, and there is no competent medical evidence linking his current condition to service.

The Veteran's dysthymic disorder resulted in occupational and social impairment with deficiencies in most areas such as work, family relations, thinking, or mood. The disability picture before February 22, 2010, more nearly approximated the criteria for a 70 percent rating.

The Board found that the appellant did not have qualifying military service for VA benefits and denied his claim.

The Veteran's claims for service connection for rashes and/or hives, cherry angioma, and a rating in excess of 10 percent for IBS were denied. The Board found that the Veteran did not have current disabilities manifested by these conditions during his period of active duty or at any time thereafter.

The Veteran's appeal is being remanded for further development, including a new VA examination to reassess the severity of his cold injury to the right hand and determine whether he is entitled to higher ratings. The claim will also be reviewed to consider any additional evidence submitted since the last decision.

The Veteran's PCT is granted as related to his service and exposure to herbicides. However, the other skin conditions are not found to be related to service or herbicide exposure.

The Veteran is seeking service connection for non-Hodgkin's lymphoma, which he claims was caused by exposure to hazardous chemicals during his military service. The Board has ordered further development including a VA examination and remanded the case for readjudication.

The Veteran's claim for an increased rating for psoriatic arthritis of the hips with liver steatosis is being remanded due to outstanding medical evidence and further examination.

The Veteran's service-connected conversion disorder is manifested by total occupational and social impairment due to persistent auditory and visual command hallucinations, suicidal and homicidal ideations, anhedonia, insomnia, disorientation to place, nightmares, poor concentration, crying spells, and memory loss, including confusion about his own name. The Board has determined that a 100 percent rating is warranted for this condition.

The Veteran's appeal is denied as the evidence does not meet the criteria for an initial evaluation higher than 0 percent prior to June 4, 2007 and a 20 percent since that date. The effective date of service connection remains July 21, 2006.

The Board found that service connection for unresectable metastatic thymoma and metastatic thymoma of the liver was not warranted due to lack of radiation exposure, leading to the severance of these benefits.

The Veteran's hiatal hernia is manifested by epigastric pain without medication, with no dysphagia, pyrosis or regurgitation accompanied by substernal, arm or shoulder pain. The Board finds that the disability does not meet the criteria for a compensable rating.

The Veteran's bilateral foot conditions are characterized by pain, difficulty walking for the first few steps after getting up from a sitting position, and additional functional limitations after repetitive use. The Board finds that the criteria for an evaluation of 10 percent for each foot condition are met.