Other conditions decisions — 2013

The Board found that the Veteran's squamous cell carcinoma of the tonsil with metastasis was not service-connected due to lack of evidence linking it to his military service. The cancer is considered a direct result of his medical history, including previous treatments and conditions.

The Board has determined that the Veteran's bilateral adhesive capsulitis, mild rotator cuff impingement, and degenerative joint disease of the shoulder and acromioclavicular joints are the result of service.

The Board found that the Veteran's bilateral eye disability was not incurred or aggravated as a result of active service and denied his claim for service connection.

The Veteran's skin disorder was incurred in service and continues to persist. The Board finds that the left fifth toe amputation is proximately due to his service-connected skin disorder.,The claim for a skin disorder has been reopened, and the underlying claim of direct service connection is granted.

The Board found that the reduction from a 50% to a 10% disability evaluation for left knee posttraumatic arthritis with patellofemoral syndrome was proper, as there was improvement in the condition.

The Board has decided to remand the case for further development, including obtaining medical records and arranging a VA examination.

The Veteran is seeking service connection for a neck injury that occurred during her active duty at Fort Benning, Georgia. The Board has determined that additional development is needed to obtain records from Peterson Air Force Base and to conduct a VA examination.

The Veteran's appeal has been dismissed as he withdrew his appeal with respect to the issue of a rating in excess of 40 percent for a left rhomboid strain as a result of left thoracic spine muscle injury.

The Veteran's appeal was denied for increased ratings and TDIU. The RO found that the Veteran did not meet criteria for a disability rating greater than 20 percent prior to October 1, 2012 or greater than 30 percent from October 1, 2012. The Veteran also failed to meet the criteria for a TDIU.

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

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to the expiration of her period of eligibility prior to filing a claim.

The Board has granted the Veteran's claims for an effective date earlier than May 20, 2008 for the assignment of a compensable (10 percent) evaluation for residuals of bilateral bunionectomies.

The Board found that there is no evidence to support the Veteran's claim of polycythemia vera being related to service or exposure to herbicide agents, and thus denied the claim.

The Board found that the Veteran's bilateral hip disorders, including arthritis and residuals of total bilateral hip replacements, did not manifest during or within one year after service and were not caused by any events in service. The VA surgeon concluded that it was less likely than not that the bilateral hip disorder was causally related to service, including her motor vehicle accident during service, and less likely than not that the bilateral disorder was caused or aggravated by her service-connected lumbar and cervical spine disabilities.

The Board found that the Veteran's squamous cell carcinoma of the left tonsil, with enlarged lymph nodes, was not incurred in or aggravated by his military service. The evidence did not support a connection to Agent Orange exposure.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his right foot and calf disability. The issues of entitlement to an extra-schedular evaluation and total disability based on individual unemployability are also being addressed.

The Board has remanded the case for further development, including verifying service in Thailand and determining if herbicide exposure occurred. The Veteran's claim will be reconsidered based on this new information.

The Veteran's small vessel disease, manifested as mini-strokes or small vessel strokes, is rated at a 10 percent evaluation.

The Board found no competent or credible evidence linking the Veteran's current spinal cord damage, partial loss of use of legs and balance difficulties to his service. The claim was denied.

The Veteran's claim for an increased rating for a peptic ulcer is being remanded due to the need for further development, including scheduling a VA examination and hearing.