Other conditions decisions — 2012

The Veteran's appeal is remanded due to the need for a VA examination to determine the severity of his service-connected skin disability, dermatographism.

The Veteran's right foot, first MTP joint disability is rated at 30 percent since July 19, 2010. The Board has granted the highest applicable schedular rating for this period.

The Board has granted service connection for persistent edema of the right shin as secondary to a right knee disorder and awarded TDIU based on combined disability ratings exceeding 80% due to the Veteran's dysthymic disorder, which is considered part of his psychiatric condition.

The Veteran's herpes simplex I was characterized by annual outbreaks, involving less than one percent of his body surface, without the need for systemic therapy such as corticosteroids or other immunosuppressive drugs. The Board finds that he did not meet the criteria for a compensable rating prior to May 10, 2007 and in excess of 10 percent thereafter.

The Board finds that the RO should not have withheld attorney fees from past due monies owed to the Veteran in connection with the October 2008 rating decision because it did not receive a copy of the attorney fee agreement until March 4, 2009, more than 30 days after its execution.

The Board found that the Veteran's breathing problems were not incurred or aggravated in service, and may not be presumed to have been incurred due to herbicide exposure. The evidence did not support a link between his breathing issues and his military service.

The Board has determined that the Veteran's levoscoliosis of the upper thoracic spine is a congenital defect and not incurred or aggravated by service. The preponderance of evidence does not support finding a superimposed disease or injury during service.

The Veteran's urticaria has been rated as 10 percent disabling since November 8, 2011. The disability is manifested by outbreaks without laryngeal involvement up to four times per week, lasting no more than two hours and covering less than 20% of her total body and only five percent of the exposed areas.

The Board has granted service connection for the Veteran's otopharyngeal cancer and mandibular cancer, finding that these conditions are due to his presumed in-service herbicide exposure. The claims were reopened based on new evidence submitted since the 1997 denial.

The Board denied the reopening of a claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, including an opinion from Dr. Key that was not considered material.

The Board denied the Veteran's claim for service connection for a skin disorder, finding that there was no nexus between his current condition and his in-service symptoms or presumed Agent Orange exposure. The evidence did not establish continuity of symptomatology from service.

The Veteran's nerve damage to his back and legs is not considered to be due to VA care, treatment, or examination. The Board finds that the event was not reasonably foreseeable.

The Board has granted service connection for the Veteran's left and right arm disabilities as secondary to his service-connected diabetes mellitus.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service as per the requirements set by the American Recovery and Reinvestment Act.

The Board has determined that the Veteran's HPV infection, diagnosed six months after service separation, is related to her military service and grants service connection for this condition.

The Veteran's claim for service connection for throat cancer, which is presumed to be due to Agent Orange exposure during his military service in Thailand and/or Vietnam, has been remanded for further review by a VA specialist. The case will be readjudicated after the examination.

The Veteran's eligibility for educational assistance under Chapter 30, Title 38, United States Code was terminated on December 31, 1989. The Board found that the law and not the evidence is dispositive in this case, thus denying the claim.

The Board has determined that the Veteran's claimed left leg and arm disabilities are not service-connected, as they do not meet the criteria for direct service connection. The appeal is denied.

The Board has determined that the Veteran's currently diagnosed chronic otitis externa of both ears did not have its onset in service or is otherwise related to an event during active military service. The VA examiner found it more likely than not that the current bilateral otitis externa is not due to or related in any way to one episode of treatment for otitis externa treatment noted February 2, 1968 while on active duty.

The Board found that the appellant did not have at least 90 days of active service during a period of war, thus denying his claim for basic eligibility for nonservice-connected pension benefits.