Other conditions decisions — 2011

The Board has dismissed the appellant's claim for an earlier effective date prior to April 1, 2003 for service connection for the cause of the Veteran's death as it was not timely filed.

The Board has determined that a VA examination and opinion are needed to determine if the Veteran has a current thoracic spine disability, its nature, and whether it is related to his military service or a service-connected condition. The appeal will be remanded for these actions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The issue of entitlement to special monthly compensation (SMC) based on loss of use of the left lower extremity remains in dispute.

The Veteran's surgery on August 4, 2007 did not result in severe postoperative residuals requiring a temporary total evaluation beyond November 1, 2007.

The Veteran is seeking service connection for vitiligo, which he claims first manifested during service. The case has been remanded to obtain a medical examination and opinion regarding the etiology of his current vitiligo.

The Veteran's intervertebral disc syndrome is currently rated at 50 percent, effective from May 1, 2009. The Board found that the evidence did not show ankylosis of the entire spine or incapacitating episodes having a total duration of at least six weeks during the past 12 months.

The Board has determined that the Veteran's cause of death by metastatic gastric and pancreatic carcinoma is due to presumed Agent Orange exposure during his Vietnam service, granting service connection for this cause of death. The surviving spouse also meets the eligibility requirements for Dependents' Educational Assistance under Chapter 35.

The Veteran's right and left knee disabilities are rated at 10 percent each, reflecting slight impairment due to pain upon repetitive use and subjective complaints of instability.

The Board dismissed the appeal because the Veteran's daughter, who submitted a notice of disagreement and substantive appeal on her behalf, did not have standing to do so.

The Veteran's claim for service connection for Variant Creutzfeldt-Jakob Disease/Bovine Spongiform Encephalopathy (mad cow disease) was denied as there is no evidence of a current disability related to his claimed exposure.

The Veteran's decreased visual acuity is due to refractive error and not a disability for VA compensation benefits. Service connection for this condition is precluded by governing regulations.

The Veteran's claim for service connection for a bilateral foot disorder, claimed as big toe pain, is denied as there is no evidence of a current disability etiologically related to his period of service.

The Board found no evidence of a current diagnosis of ALS and denied the Veteran's claim for service connection.

The Veteran's service-connected squamous cell carcinoma of the right vocal cord is rated at 30 percent, effective March 28, 2003. The RO has granted a separate 10 percent rating for reflux laryngitis residuals and a separate 10 percent rating for nasal obstruction secondary to radiation therapy since June 3, 2010.

The Veteran's claim for an earlier effective date for service connection of left ear defective hearing was denied as he did not file a timely appeal within the applicable time frame.

The Board found no evidence of a link between the Veteran's current genitourinary disorders and his service, including any in-service injuries. The Veteran's lay assertions regarding continuity of symptoms were not credible due to inconsistent statements documented in the medical records.

The Board has determined that the Veteran's chronic right knee osteochondritis dissecans and post-traumatic tricompartmental arthritis are presumed to have been incurred during active service.

The Board found that the Veteran's left testicular orchalgia does not meet the criteria for a compensable schedular evaluation, and thus an extraschedular rating is denied.

The Board found that the Veteran's current bilateral blurry vision and right eye cataracts are not related to his service, thus denying his claim for service connection.

The Board found that the Veteran's right and left foot disabilities, including pes planus and shin splints, were not incurred in or aggravated by service. The evidence did not show a nexus between his current conditions and military service.