Other conditions decisions — 2011

The Veteran's polycythemia vera is found to be due to his inservice herbicide exposure, specifically Agent Orange. The Board finds that the evidence supports a finding of service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for bilateral otitis media, mastoidectomies, recurrent cholesteatoma and perforated eardrum. The Veteran's pre-existing ear condition was aggravated during his military service.

The Board has determined that the appellant did not have qualifying service in the United States Armed Forces and therefore is not a veteran for purposes of receiving benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and clarifying the extent of his cold injury residuals.

The Veteran seeks service connection for a bilateral lower extremity nerve disorder, which he contends is related to his degenerative disc disease of the lumbar spine. The Board has determined that additional development is needed and remands the case.

The Board has remanded the case due to insufficient reasons and bases for rejecting evidence potentially favorable to the Veteran, including questionable credibility of medical affidavits and inconsistencies in service records. The Veteran is requested to provide original copies or allow examination of the medical statements from Dr. Torrefranca, Dr. Alderete, and Dr. Cruz.

The Board found no evidence to support the Veteran's claim of residuals of a head injury related to his active service. The claims for pneumonia and lung damage were not addressed in this decision.

The Veteran's appeal is remanded for additional development, including obtaining a VA medical opinion regarding his employability and obtaining SSA records.

The Veteran's claim for an initial rating in excess of 20 percent for degenerative joint disease, L5-S1 prior to April 14, 2010, and a rating in excess of 40 percent on or after April 14, 2010 was granted. He is currently assigned a 40 percent evaluation effective April 14, 2010.

The Veteran's service connection claims for costochondritis and a left testicle disorder (claimed as epididymitis) have been denied. The Board finds that the evidence does not support a finding of current disability or a link to service.

The Veteran's benefits are not being apportioned to the appellant on behalf of their minor child due to financial hardship and inability to demonstrate special needs for the child.

The Board has remanded the case for further development due to the need for an examination and opinion regarding the etiology of the Veteran's lipomas.

The Veteran's service-connected bilateral knee disabilities have been rated at 60 percent effective December 1, 2009 for the right knee and August 1, 2008 for the left knee. The ratings are based on moderate to severe symptomatology with significant impact on employment.

The Veteran's case is being remanded due to the need for additional medical records and a VA examination. The appeal will be reconsidered after these actions are completed.

The Veteran's service connection claim for residuals, status post repair of left inguinal hernia is granted due to aggravation during a period of active duty.

The Board has remanded the case due to a lack of a medical opinion from an oncologist regarding the Veteran's cause of death and the dependents' educational assistance claim must be deferred until the cause of death claim is adjudicated.

The Veteran's service-connected residuals of a fracture of the mandible are currently rated at 30 percent, and the Board finds that this rating is appropriate based on the current evidence.

The Board has remanded the case due to incorrect address and further development is required.

The Board has granted the Veteran's claim for service connection for residuals of a lung tumor, left lung, status-post surgery. The decision is based on new evidence provided in 1981 that established the presence of a nodule on the Veteran's left lung during his military service.

The Board has determined that the Veteran's lupus, pleurisy, esophageal abnormalities, malar rash, and oral ulcers are all related to her active duty service.