Other conditions decisions — 2013

The Board finds that the Veteran's Chronic Myeloid Leukemia (CML) is related to his exposure to Agent Orange during service, and thus grants service connection for CML.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were granted, effective January 27, 2012. His initial rating of 10 percent was confirmed.

The RO denied the Veteran's claim for educational assistance benefits under Chapter 33 of Title 38 of the United States Code (Post-9/11 GI Bill) due to his 'under other than honorable conditions' discharge. The Board finds that a remand is necessary to review the claims file, including the March 2008 VA administrative decision regarding his character of discharge.

The Board has remanded the case for further development due to a need for additional medical opinions regarding the Veteran's Chiari malformation.

The Board has remanded the case for a VA examiner to provide an opinion on whether the Veteran's service-connected disabilities caused or permanently aggravated his colorectal cancer, which was the primary cause of his death.

The Board found that the Veteran's shortened right leg did not clearly and unmistakably exist prior to service, nor was it aggravated by a service-connected disability. The VA medical opinions were against the claim for secondary service connection.

The Board found that the Veteran's right upper extremity arthritis did not have its clinical onset in service, was not exhibited within the first post-service year, is not otherwise related to active duty, and is not etiologically related to a service-connected disability. As such, the claim for service connection for right upper extremity arthritis was denied.

The Board has determined that the Veteran's skin disorder of the right hand is not related to his military service and is not caused or aggravated by his service-connected genital herpes. The criteria for an increased rating in excess of 10 percent for genital herpes have also not been met.

The Veteran's claim for payment of private medical expenses incurred at a non-VA facility was denied as the appellant did not meet the criteria under 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1000-17.1008, specifically due to having coverage under a health-plan contract for payment or reimbursement of the emergency treatment.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran's gastrointestinal disorder, claimed as a hiatal hernia, was not incurred or aggravated by service and denied his claim.

The Board found that the July 2008 bleb needling procedure did not cause additional disability in the Veteran's left eye, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's congenital skin rash disorder is shown to have been first manifest during active service, and the Board finds that the criteria for service connection are met.

The Veteran's bilateral hip arthroplasties were not caused by carelessness, negligence, or lack of proper skill on the part of VA. The bone deterioration leading to these surgeries was due to his long-term use of steroids for asthma/COPD.

The Board has granted an increased rating of 20 percent for the service-connected degenerative joint disease of the left hip, effective from the date of receipt of a claim for increase.

The Board has denied the appellant's claim for death pension benefits due to her annual family income exceeding the maximum annual pension rate (MAPR) allowed by law since July 9, 2007.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his right eye disability and issuance of a statement of the case regarding service connection for a left eye disability.

The Board has determined that the case needs to be returned for further action due to unclear findings and missing investigation reports.

The Veteran seeks a higher initial rating for his service-connected digital nerve injury of the left little finger. The case is being remanded to obtain a VA examination and determine the current severity of the disability.

The Veteran's claim of service connection for soft tissue sarcoma and lipomas was denied. The Board found that the Veteran does not have a current skin disability, including soft tissue sarcoma or lipomas, that is related to his military service, including exposure to herbicides.