Other conditions decisions — 2012

The Veteran's appeal is being remanded to obtain additional evidence and conduct necessary examinations. The issues include increased ratings for his right thumb disability and PUD, service connection for prostate cancer due to herbicide exposure, and a TDIU claim.

The Board has remanded the case to allow for a hearing before a Veterans Law Judge and to consider additional evidence presented by the Veteran.

The Veteran's left bunionectomy residuals are currently rated at 10 percent, the maximum schedular rating available. The Board finds no basis for a higher rating based on her symptoms and current disability level.

The Veteran's radiation proctitis resulted in two to four uncontrolled bowel movements a day with associated bleeding. The Board found that this level of disability is adequately addressed by the current 60 percent rating.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as she did not have recognized service that qualifies her for this benefit.

The case is being remanded to provide the Veteran and his representative with a copy of the March 2012 SSOC, allow them an opportunity to respond, reschedule the Veteran for a videoconference hearing before a Veterans Law Judge at the RO, and notify him and his representative.

The Board has determined that the appellant does not have legal entitlement to basic eligibility for VA benefits due to her husband's 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The Veteran's appeal has been withdrawn due to his decision not to continue with the case.

The Veteran's claim for a higher rating for his status post resection of the sigmoid colon and closed colostomy was granted, with a current 20 percent evaluation. The issue regarding a right femur fracture remains pending.

The Board granted service connection for a right hip disorder and awarded an increased disability rating of 30 percent for the Veteran's right knee anterior cruciate ligament deficiency effective April 19, 2010.

The Board has determined that the Veteran's claims for service connection for excessive fatigue and joint pains, to include as due to undiagnosed illnesses, have been denied because the newly received evidence does not relate to unestablished facts necessary to reopen the previously denied claims.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and requesting an addendum to the VA examination report. The issues on appeal are service connection for a back injury and whether new and material evidence has been received to reopen a claim of entitlement to service connection for residuals of a fracture of the right leg.

The Veteran's eligibility for VA Post 9/11 GI Bill education benefits is denied because his countable active service for the purpose of meeting the 30-day requirement under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) is less than 30 days.

The Board has remanded the case for additional development, including obtaining VA treatment records and a neurological examination to determine if the Veteran's lower extremity numbness is related to his service-connected low back disability.

The Board has denied the Veteran's claims for service connection for a right leg disability and an increased rating for her bilateral hip disabilities. The evidence does not support the presence of a current right leg disability, aside from her right hip and right knee disabilities. For her bilateral hip disabilities, the evidence shows moderate impairment in the right hip but no limitation in the left hip. No ankylosis or flail joint has been shown.

The Veteran's right hip pain is found to be related to his service-connected lumbar spine disability, and not a distinct condition warranting separate service connection.

The Board found that the Veteran's current left hand disorder, including Dupuytren's Contracture and osteoarthritis, is not related to service. The condition was diagnosed prior to his military service and there is no evidence of its onset or aggravation during active duty.

The Board denied the Veteran's claim for an effective date prior to June 16, 2006, for the grant of service connection for degenerative joint disease of the left hip. The earliest effective date allowed under VA regulations is June 16, 2006.

The Veteran's claim for an increased rating for his residuals of a chip fracture of the right elbow has been granted, with a 20 percent disability rating effective January 18, 2009.

The Veteran's appeal is being remanded due to her failure to appear for a scheduled hearing. She was previously granted a videoconference hearing but failed to attend.