Other conditions decisions — 2011

The Veteran's bilateral blepharoconjunctivitis with chronic lid changes is currently rated at 20 percent, the maximum schedular rating available. The claim for a higher rating is denied.

The Board found that the Veteran's consecutive strabismus with diplopia was not incurred or aggravated in active service.

The Board denied the Veteran's petition to reopen his claim for service connection for cold injury residuals of the bilateral ears, finding that the submitted evidence was not new and material.

The Veteran's back disability is currently rated at 20 percent for orthopedic manifestations, and the Board finds that a higher rating is not warranted as his range of motion does not meet the criteria for a higher rating.

The Veteran's claim for service connection for a gastrointestinal disorder, including as due to a qualifying chronic disability (due to Gulf War exposure), is denied. The evidence does not show the presence of a current gastrointestinal disability or any chronic symptoms thereof that are related to service.

The Veteran's service-connected psychiatric disability, specifically panic disorder with agoraphobia, more nearly approximates the criteria for a 30 percent evaluation beginning May 23, 1984.

The Veteran's cause of death was due to pancreatic cancer, which is not a disease presumed to be related to Agent Orange exposure. The Board found no evidence linking the Veteran's military service to his diagnosis.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that she did not file a timely notice of disagreement with the September 1977 rating decision denying her initial claim. The earliest possible effective date is March 10, 2005, which was one year prior to when she filed a request to reopen her previously denied claim.

The Veteran's current earaches are not related to service, including noise exposure and ear infections. The Board finds that the weight of evidence is against a finding of service connection for otalgia (earaches).

The Veteran's right eye cataract surgery resulted in a posterior chamber tear and vitreous prolapse, requiring multiple surgeries. The VA medical center reported that the phacoemulsification machine malfunctioned during the procedure. The case is being remanded to determine if this malfunctioning was an unforeseeable event.

The Board has reopened the Veteran's claim of service connection for bilateral foot fungus, to include onychomycosis, and finds that new evidence submitted since the last final denial supports a finding that his current condition is related to his military service.

The Veteran's death was caused by his service-connected colon cancer, but the VA treatment in 1994 may have contributed to his condition. The Board will decide whether the VA care was substandard and led directly to his death.

The Board has determined that the Veteran's neck injury and bilateral leg pain are related to service, but there is no current diagnosis of a head injury.

The Board found that there is no evidence to support a relationship between the Veteran's current right hand condition and his military service, including an in-service injury. The claim for service connection was therefore denied.

The Veteran's claim for leucopenia/leukemia due to exposure to ionizing radiation or chemicals during service was denied as there is no evidence of a chronic disease manifesting within one year following discharge and the condition does not qualify under presumptive provisions. The Board found that direct service connection could not be established.

The Veteran's current eye disabilities, including bilateral brow ptosis, dermatochalasis, corneal defects, and entropion, are related to in-service flash burns to the eyes. The Board has granted service connection for these disabilities.

The Board has determined that the Veteran's current speech impediment was not aggravated by active duty service and is not proximately caused or aggravated by a service-connected disability.

The Veteran's claim for an initial compensable rating for onychomycosis has been denied as the disability does not meet the criteria for a compensable rating under VA's Rating Schedule.

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because she was over 26 years old at the time her father became permanently and totally disabled.

The Veteran's appeal is remanded due to a need for updated VA treatment records and an examination to assess the current severity of his service-connected right foot disability.