Other conditions decisions — 2012

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

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service in the United States Armed Forces.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service as a member of the Philippine Commonwealth Army, including in recognized guerrillas, in the service of the United States Armed Forces during World War II.

The Board has determined that the Veteran's obstructive lung disease is etiologically related to chemical exposure during his military service, and thus grants service connection for this condition.

The Board denied the Veteran's claims for increased ratings for his service-connected trochanteric bursitis of both hips, finding that the current 10 percent ratings were appropriate based on the evidence showing no limitation of motion or other functional impairment.

The Board has remanded the case due to issues with the service connection decision for a skin disorder, including needing additional VA examination and development of missing service treatment records.

The Board has decided to remand the case for further review of new evidence submitted by the Veteran, including a Disability Benefits Questionnaire from a private optometrist. The claim will be reconsidered with consideration of this additional evidence.

The Board found that diverticulitis was not present during service and is unrelated to an injury, disease or event in service. As a result, the claim for service connection for diverticulitis was denied.

The Board has remanded the Veteran's claims for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine the current severity of his bilateral spondylosis at L5-S1 vertebrae. The Veteran's claim for TDIU is also being remanded.

The Veteran's service-connected left shoulder disability has been shown to be productive of complaints of pain and some limitation of motion, but not ankylosis of the scapulohumeral articulation, limitation of left arm motion to 25 degrees from the side, a fibrous union of the left humerus, or more than a moderate muscle disability. The criteria for a rating in excess of 20 percent have not been met.

The Veteran's service-connected blepharitis is currently rated at 20 percent, the highest available under Diagnostic Code 6025 for interference with the lacrimal ducts. The evidence shows active conjunctivitis and impairment of the lacrimal apparatus in both eyes.

The Board found that the Veteran's TMJ dysfunction syndrome is a known clinical diagnosis and not an undiagnosed illness or medically unexplained chronic multisymptom illness. The evidence did not support a finding of service connection for this condition.

The Veteran's service-connected right eye disorder was not shown to warrant a compensable rating prior to December 10, 2008. On and after that date, the evidence does not demonstrate visual acuity of 20/50 or worse in one eye with 20/40 or better vision in the other eye, which would be required for a compensable evaluation under the applicable diagnostic codes.

The Board found that the Veteran does not have a current eye disability related to service and denied his claim for service connection.

The Board denied the Veteran's claims for higher ratings for his right shoulder strain, left shoulder strain, and right wrist strain. The claim for service connection for a coughing disability was also denied as it is already encompassed in the rating assigned for allergic rhinitis.

The Board found that the Veteran's brain damage was not incurred or aggravated in service, as there is no evidence of a diagnosis of encephalitis and no indication of brain damage resulting from his in-service diagnoses.

The Veteran withdrew his appeal, thus the case is dismissed.

The Board denied the Veteran's claim for service connection for myasthenia gravis, finding that there was no evidence linking the condition to his military service or herbicide exposure. The Veteran's theory of secondary service connection based on treatment of his service-connected left knee disability was also not supported by the medical evidence.

The Veteran's claim for service connection for a liver disorder is being remanded due to the need for further examination and evaluation. The examiner will assess whether his current liver disorder, including cirrhosis of the liver (status post liver transplant), is at least as likely as not caused by or aggravated by medication used to treat his service-connected PTSD.

The Board has determined that the Veteran's status as a fugitive felon during the period between January [redacted], 2008 and May [redacted], 2008 was not proper, thus the withholding of VA compensation benefits due to this status was improper.