Other conditions decisions — 2013

The Board has granted service connection for chronic back pain and a skin rash of the lower extremities, finding that these conditions are as likely as not attributable to the Veteran's periods of honorable service.

The Veteran's claim for payment or reimbursement of private medical services provided at Alameda Hospital from October 5 to October 23, 2006 has been resolved as he is satisfied with the current status and his account balances are 'zeroed out'.

The appellant has withdrawn his appeal regarding the issue of entitlement to service connection for a right leg disability, and thus the appeal is dismissed.

The Board found no evidence of an in-service event, injury, or disease that could be related to the Veteran's current eye disorder and right thumb laceration residuals. The claim for service connection was denied.

The Veteran's death was caused by ALS, a condition that is presumed to be service-connected based on the new liberalizing regulation effective September 23, 2008. The appellant's claim for DIC benefits was denied in July 2006 and reopened in August 2007. As the award of presumptive service connection applies retroactively from the date of the regulation, the earliest possible effective date is September 23, 2008.

The Board has remanded the case due to the need for a VA examination to determine the etiology of the Veteran's current low back disability.

The Veteran's claim to reopen her service connection for scoliosis is pending and has been remanded by the Board.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of verified service in the U.S. Armed Forces during World War II.

The Veteran asserts that she developed Crohn's disease during her period of active duty from December 2003 to February 2005. She reports experiencing digestive system issues such as diarrhea, nausea, dehydration, stomach cramps, pain, and weight loss while serving in Kuwait and Iraq in 2004. However, the VA physician found no clinical support for stating that Crohn's disease onset during service. The Board finds a new VA examination and medical opinion is needed due to conflicting opinions and unobtained SSA records.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the United States Armed Forces. Therefore, he is denied legal entitlement to one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the Veteran's bilateral Eustachian tube dysfunction is related to his service, specifically his in-service ear infections. As a result, the claim for service connection is granted.

The Board finds that the appellant's costal nerve denervation, sensory loss, and atrophy of intercostal muscles are likely due to carelessness or negligence during the July 2002 lipoma removal procedure in a VA facility. The decision is mixed as it leans towards granting compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's current left hand disability, diagnosed as sensory radiculopathy, is aggravated by his service-connected diabetes mellitus type II (DMII). As such, the criteria for secondary service connection have been met.

The Veteran's colonic polyps are currently rated as non-compensable due to the lack of significant symptoms and findings. The evidence does not support a compensable rating under any applicable diagnostic codes.

The case is being remanded to obtain additional VA treatment records, provide a medical opinion regarding the etiology of the Veteran's sleep disorder, and determine if the Veteran's spouse needs aid and attendance benefits. The appeal will be reconsidered after these actions.

The Board denied entitlement to extra-schedular disability ratings for neuropathic pain syndrome of the right inguinal nerve and right medial cutaneous nerve, finding that the diagnostic criteria used in evaluating these conditions reasonably describe or contemplate their severity.

The Board has granted service connection for right upper and lower extremity nerve disabilities, finding that these conditions are secondary to the Veteran's service-connected diabetes mellitus.

The Board has reopened the claim of service connection for a bilateral eye disability, but the case is being remanded to obtain additional medical records and determine if there was any aggravation or pre-existing condition during service.

The Veteran's anemia, with hemoglobin of 9.7g/100ml, does not meet the criteria for a higher evaluation as it does not show hemoglobin less than 8g/100ml with findings such as weakness, easy fatigability, headaches, lightheadedness or shortness of breath.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran for purposes of applying for VA benefits.