Other conditions decisions — 2011

The Veteran's heart disability, which includes aortic and mitral valve replacements, has been rated at 10 percent since November 27, 2003. The Board found that the evidence does not support an evaluation in excess of this rating.

The Veteran's post-operative cholecystectomy has been productive of mild symptoms, warranting a 10% rating.

The Board has determined that further development is necessary to confirm any ionizing radiation exposure the Veteran may have experienced at Naval Weapons Station Earle, which could impact his claim for service connection for non-Hodgkin's lymphoma. The case will be remanded for this purpose.

The Veteran's service connection claims for Systemic Lupus Erythematosus (SLE) and Sjogren's Syndrome have been granted as both conditions are related to active service.

The Board dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains for adjudicating the merits of the claim.

The Veteran is seeking an earlier effective date for the grant of service connection for his genitourinary disorder, claiming chronic bladder infections. The appeal is remanded due to missing records and potential CUE in a previous rating decision.

The Board finds that the appellant's claim for an effective date earlier than June 17, 2009, for additional compensation based on dependency is granted. The earliest possible effective date is October 13, 2005.

The Veteran's service on ACDUTRA did not qualify her for Post-9/11 GI Bill education benefits under Chapter 33 due to the nature of her service and discharge.

The Veteran's appeal for increased ratings for splenectomy and abdominal adhesions residuals of a gunshot wound to the abdomen has been denied. The RO assigned a combined disability rating of 40 percent, with a separate 10 percent rating for post-surgical abdominal adhesions effective July 2004.

The Veteran's claim for reduction of her disability rating from 60 percent to 0 percent for heart murmur with chest pains is being remanded due to conflicting medical opinions and the need for clarification.

The Board has determined that the reduction of the disability rating for decreased visual acuity of the left eye from 30 percent to 10 percent, effective February 1, 2009, was proper.

The Board found no new and material evidence to reopen the claim for service connection for a respiratory disorder, as the November 1995 denial was final based on the evidence then of record. The Veteran's STRs showed acute and transitory shortness of breath that resolved during service.

The Veteran's service-connected residuals of a gunshot wound to the right leg are currently rated at 30 percent, and his separate rating for mild degenerative arthritic changes in the right foot brings his combined rating to 40 percent. The maximum allowable schedular rating is 40 percent.

The Veteran's appeal is remanded due to changes in her employment status and the need for an updated employment history. The case will be returned to the Board once this information is provided.

The Veteran's right testicle disability is rated at a 10 percent rating, effective from April 28, 2004. The condition is currently rated as chronic epididymo-orchitis under Diagnostic Code 7525.

The Board has remanded the case for additional development and due process concerns, including obtaining private treatment records from Dr. P.L., personnel records from the U.S. Postal Service, and ensuring that all claims are reviewed in an expeditious manner.

The Board has determined that the Veteran's body sores did not manifest as a result of his military service, to include as a result of exposure to Agent Orange or other herbicides.

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

The Veteran's appeal is being remanded for additional development, including obtaining verification of his service dates and providing a medical opinion regarding the etiology of his right foot disability.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and considering the issue of entitlement to a total disability rating due to individual unemployability (TDIU).