Other conditions decisions — 2011

The Veteran claims compensation under 38 U.S.C.A. § 1151 for residuals of a stroke allegedly caused by VA treatment in June 2007, but the case is remanded due to insufficient evidence and need for further examination.

The Board has reopened the Veteran's claim for service connection for Non-Hodgkin's Lymphoma due to presumed exposure to herbicides in Vietnam. The Veteran is found to have been exposed to Agent Orange and thus, his Non-Hodgkin's Lymphoma is granted presumptive service connection.

The Veteran's claim for service connection for bilateral cataracts, claimed as secondary to service-connected diabetes mellitus, was denied. His claim for a higher rating for bilateral hearing loss was granted at 10%. No TDIU claim is addressed in this decision.

The Board has determined that the Veteran's vision problems, including diplopia and blurry vision, are as likely as not caused by his service-connected multiple sclerosis. The effective date for the award of service connection for multiple sclerosis and associated disabilities is set at May 30, 2008.

The Board denied service connection for chondromalacia in 1971, finding no evidence of an in-service injury or condition. The Veteran's motion argued that the decision was incorrect due to incomplete examination findings.

The Veteran's initial evaluation for myositis ossificans of the left hip is granted at 10 percent, and a separate 10 percent evaluation is granted for a painful mass within the iliopsoas muscles. The Board found no basis for an increased rating under applicable schedular criteria.

The Board has remanded the case for additional development due to a hearing request from the Veteran.

The Veteran's cognitive disorder, secondary to brain trauma, is not manifested by the level of impairment required for a higher rating under the applicable diagnostic codes.

The Veteran's claims for increased disability evaluations for his service-connected exercise-induced compartment syndrome with history of shin splints are being remanded due to the need for additional evidentiary development, including stress testing and review of VA clinical records.

The Board found that the Veteran's bilateral cavus foot deformity existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's somatoform disorder is rated at 70 percent, and he is granted TDIU based on his service-connected disability.

The Veteran's appeal is related to the assignment of a total disability evaluation based on individual unemployability (TDIU) and seeks an earlier effective date prior to January 25, 2010. The case must be remanded for further action regarding this issue.

The Board has determined that new and material evidence has been presented to reopen the Veteran's claim for service connection for degenerative joint disease of the spine with stenosis. The reopened claim will be reviewed on its merits, but the Board finds that the disability is not related to service.

The Veteran's neurogenic bladder is rated at 40 percent, effective from July 21, 2009. The claim for TDIU was denied.

The Veteran's postoperative neuropathic pain and sensory impairment, affecting primarily the ring and little fingers of the right hand, is more likely than not present along the ulnar nerve distribution. The Board has granted a 20 percent rating for this condition.

The Veteran's daughter, M.E.G., became permanently incapable of self-support due to a mental defect before her 18th birthday. The Board has granted the claim for recognition as a helpless child.

The Veteran's claims for a higher rating for bronchiectasis/bronchitis and service connection for umbilical hernia repair, secondary to service-connected bronchiectasis/bronchitis, are granted as of the date of his death.

The Board has dismissed the appeal due to the death of the appellant.

The Board has ordered a remand to verify the appellant's periods and types of service, including ACDUTRA and INACDUTRA. The case will be further adjudicated after this verification is completed.

The Board has reopened the appellant's claim for retroactive Dependents' Education and Assistance benefits due to new evidence submitted since the July 1994 decision. The appeal is granted as the eligibility criteria have not been met.