Other conditions decisions — 2013

The Board has remanded the case due to inadequate examination and incomplete evidence. The Veteran needs a new VA examination to determine if his gastrointestinal disorder is related to service or any service-connected conditions, including PTSD.

The Board has determined that there was clear and unmistakable error in the October 1996 rating decision, which denied service connection for a stomach disorder including peptic ulcer. The Veteran's claim is granted as his condition was shown within one year of separation from service.

The Veteran's phlebitis and varicose veins of both legs have been rated at 20 percent each, effective January 25, 2001. The Board finds that the evidence does not support a higher rating for either leg.

The Veteran's service-connected post-operative impairment of the left humerus at the scapuhumeral joint is currently rated as 20 percent disabling. The Board finds that a higher rating is warranted due to increased symptomatology since May 4, 2012.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service and denied his claim.

The Board finds that the Veteran's amputation of his right fifth finger was due to an event not reasonably foreseeable as a consequence of VA treatment or care provided, meeting the criteria for benefits under 38 U.S.C.A. § 1151.

The Veteran's service-connected residuals of a shrapnel wound to the left thigh are rated at 30 percent, which is higher than the current requested rating. The VA examiner found moderately severe muscle disability.

The Veteran's back disability, including arthritis, was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service. The Board found insufficient evidence to link the current spinal conditions to service.

The VA denied a compensable evaluation for the Veteran's service-connected otosclerosis of the right ear, finding that the evidence did not support an exceptional or unusual disability picture as to render impractical the application of the regular rating schedule standards.

The Board has remanded the case for additional development, including a VA medical opinion regarding whether the Veteran's service-connected PTSD contributed to his death. The appeal is currently in remand status.

The Board denied the appellant's claim of entitlement to an apportionment of the Veteran's VA compensation benefits for the period prior to May 2010, finding that it was more likely than not that the Veteran was providing support to his cohabiting dependent son and non-cohabiting spouse during this time.

The Veteran's appeal was denied as his right hip strain, with limitation of flexion, is no more than 10 percent disabling.

The Board has remanded the case for further development, including obtaining a semen analysis and providing an etiology opinion regarding whether sterility is related to service exposure. The Veteran's claim will be returned to the Board following completion of these steps.

The Board found that the Veteran's onychomycosis of his hands and feet did not have its onset during active service or for many years thereafter, and is not causally related to such service. The Board concluded that the condition was not incurred in or aggravated by active duty.

The Veteran's appeal is being remanded for additional development to determine if he has a current diagnosis of myasthenia gravis and whether it was caused by or aggravated by his service-connected heart murmur, status-post aortic valve replacement.

The Veteran's residuals of a gunshot wound to the right hip and buttock result in a moderate muscle disability, warranting an initial 20 percent rating.

The Board has granted a revised delimiting date of May 2015 for the award of Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, of the United States Code. The appellant is within her eligibility period to receive DEA benefits.

The Board found that the Veteran's current right eye disorder is not related to his period of service, and thus denied his claim for service connection.

The Board has determined that termination of apportionment of the Veteran's VA benefits to the appellant was proper due to the state court order placing the minor child, S, with the Veteran as of September 2007.

The Veteran's appeal of the increased rating for postoperative residuals of a hemigastrectomy and vagotomy with dumping syndrome and pancreatitis was withdrawn. The earlier effective date claim for the 60 percent rating was dismissed due to lack of timely Notice of Disagreement. The issue of service connection for an inguinal hernia is remanded for further development.