Other conditions decisions — 2011

The Board has determined that the appellant does not have qualifying service for VA purposes and therefore is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's ulcerative colitis is currently rated at 30 percent, the maximum rating available under DC 7323. The Board found that his symptoms do not meet or approximate the criteria for a higher rating as they do not show numerous attacks with malnutrition, anemia, or serious complications such as liver abscess.

The Veteran's service-connected urinary tract infections have been rated at 20 percent since September 9, 1996. The gynecological condition resulting from her rectocele repair has not met the criteria for a compensable rating prior to June 21, 1993 and since August 1, 1993.

The Board has remanded the case to allow the AOJ to consider additional evidence submitted by the Veteran, including a statement from his private doctor. The claim will be reconsidered and a Supplemental Statement of the Case will be provided.

The Board has determined that the Veteran's left-sided facial nerve damage is a result of his April 1987 surgery at a VA facility and was not due to negligence or lack of proper skill. The condition was also foreseeable as it occurred during the course of treatment.

The Veteran's tonsillar cancer with metastasis to lymph nodes of the neck is not presumed to be service-connected due to herbicide exposure, and a compensable rating for bilateral hearing loss was denied.

The Veteran's right testicular hydrocele is considered an unforeseen residual of his September 1998 laparoscopic ureterolysis, and the Board finds that VA exhibited carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault resulting in this condition. As a result, compensation under 38 U.S.C.A. § 1151 for his right testicular hydrocele is granted.

The Board has remanded the case for further development due to incomplete records, particularly those from Social Security Administration (SSA). The Veteran's left knee disability remains under appeal.

The Veteran's service-connected shell fragment wound of the left leg, Muscle Group XI, is manifested by a moderately severe injury with symptoms including chipping of the tibia bone and some loss of soft tissue. The disability does not meet or approximate criteria for a higher evaluation.

The VA examiner found that the Veteran's current sinus problems are not related to his military service and denied his claim for service connection.

The Board finds that the Veteran's current pulmonary disorders were not incurred in or aggravated by military service and do not qualify for presumptive service connection based on herbicide exposure. The claim is denied.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill is denied as he did not serve at least three years of continuous active duty.

The Board has determined that the appellant's skin condition of the right thumb had its inception during active service and is therefore granted service connection.

The Veteran's service-connected residuals of cold weather injuries of the right and left hands are currently rated at 20 percent each, but do not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board found that the appellant did not file a timely substantive appeal regarding the March 31, 2008 rating decision denying service connection for the cause of the Veteran's death. The issue of whether her countable income is a bar to death pension benefits was also addressed and remanded.

The Veteran's residuals of a left thigh fracture due to a gunshot wound are not productive of flexion limited to 10 degrees or ankylosis, and thus the claim for an increased rating is denied.

The Board has determined that the Veteran's low back disorder is related to her active service and granted service connection, assigning a non-compensable rating.

The Veteran's current bilateral lower extremity varicosities are considered to have been incurred during his active military service.

The VA treatment in November 2006 did not cause the Veteran's right quadriceps tear, and there is no evidence of fault on the part of the VA. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's service-connected Tietze's Syndrome (costochondritis) does not cause limitation of motion or any respiratory impairment, and therefore the current 10 percent rating is appropriate.