Other conditions decisions — 2013

The Veteran's service-connected residuals of fractures of the left tibia and fibula with hammertoe deformities are rated at 30 percent for impairment of the ankle, and a separate rating of 20 percent is assigned for impairment of the foot.

The Board finds that the Veteran's claimed bilateral foot skin disability, diagnosed as jungle rot of the feet, is not service connected.

The Board has remanded the case for further development due to inadequate medical opinions regarding the Veteran's preexisting foot conditions.

The Board has determined that the Veteran's sensory deficit of the left lower extremity warrants a disability rating of 40 percent, but not higher.

The Veteran's HIV-related illness has been rated at a 30 percent disability rating since the effective date of service connection, based on recurrent constitutional symptoms and intermittent diarrhea requiring daily use of approved medications.

The Veteran's service-connected TIA residuals are rated at a minimum of 10 percent, and the criteria in the rating schedule adequately describe his disability level and symptoms. Therefore, entitlement to an extraschedular evaluation is denied.

The Veteran's blurred vision was not found to be incurred in or aggravated by active service and the criteria for service connection for a qualifying chronic disability have not been met.

The Board has determined that the appellant does not have qualifying service in the Philippine Commonwealth Army, including as a recognized guerrilla. Therefore, the appellant is ineligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal for a total disability rating based on unemployability due to service-connected disabilities prior to October 19, 2010 has been dismissed as the Veteran withdrew his appeal.

The Veteran's concussion, residuals of head injury, has been evaluated at a 10 percent rating since October 23, 2008. The Board found that the evidence does not support an evaluation in excess of this rating. Additionally, the Veteran was denied entitlement to TDIU as his service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board denied the Veteran's claim for service connection for a right rotator cuff tear and tendonitis, finding that these conditions are not etiologically related to active service or his service-connected residuals of a shell fragment wound (SFW) to the right shoulder involving Muscle Group I.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Methodist North Surgery Center on August 7, 2006 for service-connected left foot hallux valgus is being remanded to the Memphis VAMC for additional development.

The appellant withdrew his appeal regarding the issue of entitlement to service connection for the residuals of malaria prior to a decision being made.

The Board denied service connection for stomach cancer, status post gastrectomy, as secondary to syphilis. The Veteran's claim was found not to be supported by evidence of a direct relationship between his military service and the condition.

The Veteran's claim for an effective date earlier than October 14, 2004, for the award of service connection for Chronic Lymphocytic Leukemia (CLL) is granted. The Board finds that CLL was related to Agent Orange exposure and met the criteria for presumptive service connection from October 16, 2003, when CLL was added to the list of diseases presumed to be caused by Agent Orange.

The Board has determined that new and material evidence has not been received to reopen the claim for a bilateral eye disability. However, the claim for service connection of the lower back injury is reopened due to the receipt of new and material evidence.

The Veteran's claim for an initial increased rating for intervertebral disc syndrome is being remanded due to the need for a Board videoconference hearing.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new examination to assess the severity of his gout disability.

The appellant is seeking an extension of the delimiting date for education assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill). The Board finds that he should be given the opportunity to provide competent evidence showing that he had a disabling disability preventing commencement or completion of his chosen program of education. The case is REMANDED for further development and readjudication.

The Veteran's service-connected schizoaffective disorder does not meet the criteria for payment at a higher rate of educational assistance under the Post-9/11 GI Bill.