Other conditions decisions — 2011

The Board finds that the appellant's pre-existing bilateral eye disorder, to include chorioretinitis and blindness, was not aggravated by his military service, and such may not be presumed.

The Veteran's left lower extremity disability, including wound infections and osteomyelitis, is not considered to be the result of VA negligence or fault during his treatment from November 2005 to May 2006.

The Veteran's claim for service connection for nerve damage, including an injury to the right trigeminal nerve, is denied as there is no current disability and the evidence does not support a finding of continuity of symptomatology.

The Veteran is granted an effective date of July 1, 2003 for a 10 percent rating for residuals of left ring finger proximal phalanx condylar fracture.

The Veteran's service-connected herniated nucleus pulposus, L5-S1, is currently rated at 20 percent and meets the criteria for a higher evaluation.

The Board found no evidence of current right hand nerve damage or right leg weakness related to service. The Veteran's complaints were not supported by medical records and examination findings.

The Board finds that the Veteran does not have residuals of a right groin injury and therefore denies his claim for service connection.

The Board has determined that the Veteran's service-connected stress fractures of the right and left tibia have not resulted in malunion or nonunion, which would warrant a compensable rating. The evidence does not show any knee or ankle disability resulting from these stress fractures.

The Board has remanded the case due to the need for a VA throat examination and clarification on whether the Veteran wants a hearing. The issue remains about service connection for the neck disorder.

The case is being remanded for further development and readjudication due to the submission of additional evidence not previously considered by the agency of original jurisdiction.

The Veteran's squamous cell oropharyngeal carcinoma was not incurred in, caused by, or aggravated by his military service. The Board found no evidence of a nexus between the cancer and herbicide exposure during service.

The Board found that the Veteran's hiatal hernia was not incurred in or aggravated by military service, including as due to radiation exposure. The claim for service connection is denied.

The Board has determined that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. As such, they are not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the Veteran's neuritis of both legs does not result in a disability picture, by analogy, to more than moderately severe incomplete paralysis of the sciatic nerve. Therefore, the criteria for entitlement to higher initial ratings have not been met.

The Veteran's chondromalacia patella with degenerative joint disease of the left knee is currently rated at 10 percent, and the evidence does not support a higher rating.

The Veteran's claim for service connection for recurrent skin rashes of the face and inner thighs, claimed as secondary to Agent Orange exposure, is being remanded due to the need for additional VA medical records.

The Board denied the Veteran's claims for service connection for right and left hip conditions, finding no evidence of a nexus between these disabilities and his military service or service-connected spine disabilities.

The Board has remanded the Veteran's claims for an increased rating and TDIU due to incomplete examination reports, lack of consideration of functional impairment, and ineligibility for a TDIU based on schedular criteria. The case is also referred to VA's Director of Compensation and Pension for consideration of entitlement to a TDIU under 38 C.F.R. § 4.16(b).

The Veteran's claim for residuals of an injury to the right eyelid has been granted. The Board finds that service connection is warranted as his current complaints are consistent with the in-service injury he reported.

The Veteran's claim for an increased evaluation for his varicose veins of the left lower thigh is being remanded due to incomplete examination report and need for additional development.