Other conditions decisions — 2012

The Board has remanded the case for additional development, including a VA spine examination and obtaining the Veteran's vocational rehabilitation file. The claims will be reconsidered based on the new evidence.

The Veteran's service-connected residuals of the right thigh and hip due to a GSW have been granted an extraschedular evaluation, but not for his TDIU claim. The Board found that the available schedular evaluations were adequate to describe his level of disability and symptomatology during the periods under consideration.

The Board found that the preponderance of evidence is against finding a connection between the Veteran's bilateral macular degeneration and his active military service, including exposure to ionizing radiation.

The Veteran's sebaceous cyst of the right ear has been rated at 10 percent since 1958. The most recent VA examination in October 2011 found no visible or palpable tissue loss, no disfigurement, and a very small scar that measures 1/2 cm with no induration, elevation, depression, loss of underlying tissue, or limitation of function.

The Board has remanded the case for additional development, including obtaining informed consent forms from VA facilities regarding left eye procedures performed between February 2000 and March 31, 2001. The Veteran's claim will be reconsidered based on all available evidence.

The Board found no credible evidence of a left hand fracture during service and concluded that the Veteran's current degenerative changes in the fingers, carpal joints, and wrist are not related to his military service.

The Board has ordered that the Veteran be afforded another VA examination to determine if his shortened right leg is related to his service-connected low back disability. The case is REMANDED for this purpose.

The Veteran withdrew his appeal for the issues of service connection for a GI disorder, an increased rating for residuals of prostate cancer, and a compensable rating for nodule, flexor tendon sheath, right ring finger.

The Veteran's left knee disability, characterized by arthritis and pain, has been rated at 10 percent since June 1, 2006. The examination findings have consistently shown flexion to 130 degrees with no limitation of motion.

The Board has determined that the Veteran's right hamstring tear disability is best rated as moderate, with pain, tenderness, and weakness in the right leg. The criteria for an initial 10 percent disability rating have been met.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an increased rating for his left knee disability was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to April 30, 2007 and from July 1, 2007 through April 22, 2009. From April 23, 2009 to March 20, 2012, the Veteran's disability was rated as 30 percent disabling. The claim for a rating in excess of 20 percent from March 20, 2012, was also denied.

The Board has determined that the Veteran's metastatic esophageal cancer, which caused his death, was related to his in-service exposure to herbicide agents (Agent Orange). Therefore, service connection for the cause of the Veteran's death is granted.

The Board has determined that the appellant is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the Veteran's claim for an effective date earlier than July 1, 2001 for adding his spouse as a dependent due to lack of timely submission of necessary documentation.

The appellant's claim for a one-time payment from the FVEC fund is denied as she does not meet the basic eligibility requirements due to her spouse having died before the enactment of the American Recovery and Reinvestment Act.

The Veteran's appeal is being remanded for additional development, including a new VA examination and an attempt to obtain updated private treatment records. The issue of TDIU is also part of the current appeal.

The Veteran's claim for service connection for idiopathic pulmonary fibrosis, claimed as due to asbestos exposure, is being remanded for further development and an examination.

The case is being remanded for further development, including a VA examination and additional evidentiary review. The Veteran's claims of service connection for muscle myopathy, earlier effective date for posttraumatic stress disorder, initial disability rating higher than 30 percent for posttraumatic stress disorder, and total disability rating for compensation based on individual unemployability are also being remanded.