Other conditions decisions — 2013

The Veteran's lichen simplex is currently rated at 30 percent, effective from August 30, 2002 to the present. The rating criteria for skin disabilities were revised in 2008 and apply retroactively.

The Board has reopened the claim for service connection for a psychiatric disorder, but further development is needed before de novo adjudication can occur.

The Board has denied service connection for diverticulitis and a chronic bowel disorder, but the issues are remanded due to conflicting medical opinions. The Veteran's symptoms of constipation, diarrhea, dehydration, and lack of proper diet during service may have contributed to his post-service perforated bowel.

The Veteran's case is being remanded for further development to determine if his service-connected right great toe disability, in conjunction with his education and occupational experience, precludes him from participating in all forms of substantially gainful employment.

The Board finds that the Veteran's pheochromocytoma was not incurred or aggravated during his active duty service, and it may not be presumed to have been so incurred due to exposure to Agent Orange. The preponderance of evidence is against finding a connection between the Veteran's pheochromocytoma and his military service.

The Board found no credible evidence of an in-service injury resulting in a current genitourinary disability and denied the Veteran's claim for service connection.

The Veteran's PVCs are rated at 30 percent, the maximum schedular rating for PVCs. The current evidence does not show any additional disability that would warrant a higher rating.

The Veteran's claims for higher schedular and extraschedular ratings for reflex sympathetic dystrophy of the right upper extremity and residuals of blunt force trauma of the right ring and little fingers were denied. The Board found that the established schedular criteria adequately described his disability.

The Board denied the Veteran's claims for initial compensable rating for a service-connected residual scar due to pilonidal cyst and an initial rating in excess of 10 percent for impairment of sphincter control of the rectum/anus. The Veteran appealed, but the Court vacated the denial of the initial compensable rating for pilonidal cyst residuals and remanded the issue back to the Board.

The Veteran has intermittent exotropia that is the result of injury incurred during active military service and this condition is now granted as service connected.

The Board has ordered additional development to address the apportionment of compensation benefits claim, including providing the Veteran with a copy of the December 2008 hearing transcript and scheduling him for a videoconference hearing. The appellant's financial information is also requested to be updated.

The Board found that new and material evidence had been received to reopen the Veteran's claim of service connection for CML. However, it was determined that there is no link between the Veteran's current diagnosis of CML and his military service or exposure to herbicides.

The Board has remanded the case for additional development due to incomplete records and potential new evidence.

The Veteran's right hip disability, resulting from a femur fracture, is currently rated at 10 percent under Diagnostic Code 5255. The medical evidence does not support an increase in rating as the Veteran experiences only pain without any limitation of motion.

The Veteran's appeal is being remanded for additional development, including obtaining more recent Social Security Administration records and scheduling her for a VA examination to assess the current severity of her back disability and leg conditions.

The Board finds that the appellant does not have recognized qualifying active military service and therefore is not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded due to the need for a Travel Board hearing. The case will be returned to the Board after the hearing.

The Veteran's claim for payment of or reimbursement for private medical expenses incurred from July 5, 2009 to July 8, 2009 was timely filed and the appeal is granted.

The Board denied the Veteran's claims for service connection for macular degeneration and cataracts of the right eye, finding no new and material evidence. The earlier effective date claim was also denied as there were no pending or unadjudicated claims for left eye service connection.

The Veteran's widow was denied an earlier effective date for DIC benefits granted in November 2008, as the law only allows retroactive reinstatement of benefits if a claim is filed within one year of the effective date of the liberalizing law. The Appellant did not file her claim until 2009.