Other conditions decisions — 2013

The Board has remanded the case for further development, including obtaining a supplemental medical opinion to address the likelihood of a relationship between the Veteran's claimed skin disorder and his service, specifically considering the lay statements submitted by the Veteran and the 1989 Agent Orange examination.

The Veteran's initial claim for an increased rating for his service-connected mood disorder was granted, with a disability rating of 30 percent from October 15, 2009. The appeal was then remanded and the rating was increased to 70 percent effective November 15, 2012.

The Veteran's appeal is being remanded for further development, including obtaining private treatment records and scheduling a new VA examination.

The Board has determined that the Veteran's left leg disorder and bilateral hip pain are not service-connected, as they are attributable to his already-service connected lumbar spine degenerative joint disease.

The Board has remanded the case due to non-compliance with contested claims procedures and further development is required.

The Board has determined that the Veteran does not have a current diagnosis of polycystic ovarian syndrome or infertility related to her military service, and thus denied her claim for service connection.

The Veteran's spontaneous pneumothorax has been manifested by FEV-1 of greater than 40-55 percent of predicted value, FEV-1/FVC of 40 to 55 percent, and DLCO (SB) between 40 and 55 percent of predicted value; or maximum oxygen consumption of 15 to 20 ml/kg in with cardiorespiratory limit. The criteria for a rating in excess of 30 percent have not been met.

The Board has determined that a remand is necessary to obtain an updated VA examination and opinion regarding the Veteran's skin condition, including whether it is related to service or his service-connected PTSD.

The Veteran's traumatic amputation of the penis with functioning stump and impotence has not resulted in the requirement of wearing an appliance or absorbent materials which must be changed 2 or more times daily, thus he is not entitled to a higher rating than the currently assigned 30 percent.

The Veteran withdrew his appeals for the claims of service connection for blurred vision, memory loss, and joint pain due to Gulf War undiagnosed illness.

The Board has reopened the Veteran's claim of entitlement to service connection for syringomyelia, finding new and material evidence. However, it denied the claim on the merits as the disease clearly pre-existed service and did not permanently increase in severity beyond its natural progression.

The Board denied the Veteran's claim for an earlier effective date for service connection of his skin condition, finding that August 9, 2001 is the correct date for the grant of service connection. The Board concluded that no earlier effective date was warranted as it found no formal or informal claims pending prior to this date.

The Veteran's right foot disability, primarily manifested by pain, swelling, and deformity of the first metatarsophalangeal joint, has been rated as 20 percent disabling. The Board finds that this rating adequately reflects the severity of his condition.

The Veteran's appeal has been dismissed due to the death of the appellant, and thus the Board does not have jurisdiction to adjudicate the merits of this claim.

The case is being remanded for a month-by-month audit of the decedent spouse's income, expenses and exclusions from countable income. The appellant must be provided a copy of this audit and an explanation of the calculations relied upon to determine countable income.

The Veteran's claim for reimbursement of CPA licensing test fees is denied as it was not submitted within one year before the date VA received the claim.

The Veteran's auto-immune disability, to include undifferentiated connective tissue disease, did not incur in service and is not related to any injury or disease in service. The Board finds that the evidence does not support a connection between his current condition and his military service.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The service department has certified that the appellant had no service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the U.S. Armed Forces during World War II.

The Board has determined that the Veteran's service dates are from September 30, 1948 to June 12, 1950. As this period does not include wartime service, the Veteran is not eligible for nonservice-connected pension benefits.