Other conditions decisions — 2012

The Board has granted service connection for chronic lumbar strain and reopened the claim of entitlement to service connection for low back disability. The Veteran's neck condition is also found to be related to his military service.

The Board found no current evidence of a right foot bunion disability and denied the claim for service connection.

The Veteran's rectal cancer was not incurred or aggravated in service and may not be presumed to have been caused by his presumed herbicide exposure during service.

The Board has reopened the claim for service connection of residuals of a right hand injury and granted it, finding new and material evidence to support the claim.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including in recognized guerrillas, to be eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's emergency room visit at the Ohio State University Hospital on December 16, 2009 was for a nonservice-connected disability. The treatment was not considered an emergency due to minimal symptoms and no risk of life or health hazard.

The Veteran's neck strain residuals were initially rated at 10 percent prior to November 25, 2008 and increased to 20 percent thereafter. The current rating of 20 percent is granted.

The Veteran's appeal is being remanded to obtain additional medical records and address the issue of entitlement to a total rating based on individual unemployability due to his service-connected duodenal ulcer.

The Board found no evidence of an in-service injury or exposure to depleted uranium, sarin gas, smoke from oil well fires, or other unspecified chemicals that could have caused the Veteran's current brain disorder. The claim is denied.

The appellant has elected to withdraw her appeal regarding the reopening of a service connection claim for porphyria cutanea tarda for purposes of accrued benefits.

The Board denied an extraschedular rating for the Veteran's right sacroiliac joint sprain with degenerative changes, finding that the available schedular evaluations were adequate to address his disability level and symptomatology.

The Board has determined that the Veteran's left ring finger disability and lumbosacral strain are service-connected, with a rating of 20% for the latter. The claim for gout was denied as there is no evidence of current gout. TDIU remains pending due to additional development needed.

The Board has determined that the Veteran's chorioretinopathy, a disease incurred during service, is service-connected. However, other current eye conditions are not related to service and are considered refractive errors.

The Board is remanding the Veteran's claims for service connection and TDIU due to insufficient medical opinions regarding his ulcer disorder, and failure to provide proper VCAA notice on the TDIU claim.

The Court has granted an earlier effective date of April 6, 1973 for service connection for the cause of the Veteran's death. The Board's July 2010 decision was reversed and the claim is remanded to determine if there was clear and unmistakable error in a December 1969 rating decision.

The Veteran's overpayment of nonservice-connected pension benefits was denied due to his failure to report Social Security income, which resulted in an overpayment. The Committee found the Veteran at fault but concluded that financial hardship did not exist.

The Veteran has withdrawn his appeal for service connection for a gastric ulcer.

The Veteran's initial compensable rating for the service-connected residuals of a right humerus fracture was granted, with an assigned rating of 20 percent. The Veteran also received an increased rating for his service-connected right arm palsy.

The Veteran's bilateral varicose veins were previously rated at 20%, 40%, and 60% prior to July 2, 2008, April 21, 2010, respectively. The current rating of 70% is effective from April 21, 2010.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for enuresis, multiple left rib fractures, and residuals of a back injury. The preponderance of the evidence is against these claims.