Other conditions decisions — 2013

The Veteran's claim for vocational rehabilitation services is being remanded due to procedural issues related to the initial evaluation and cooperation requirements.

The claimant, identified as C.C.C., does not have recognized active military service to receive the one-time payment from the FVEC Fund.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA/Non-VA treatment records. The Veteran should also be scheduled for a psychiatric examination to determine the current severity of his service-connected acquired psychiatric disability other than PTSD.

The Veteran's death was not caused by any service-connected condition, and the Board finds that none of his service-connected disabilities contributed to his cause of death.

The Board finds that the Veteran's colon cancer, which was the cause of his death, had its onset during active service and grants service connection for the cause of the Veteran's death.

The Veteran is granted service connection for residuals of a left eye injury, manifested by swelling above the left eye. The Board finds that there is sufficient evidence to support the claim and resolves reasonable doubt in favor of the Veteran.

The Veteran's appeal is being remanded to allow for scheduling of a hearing before the Board at the RO. The issues include seeking an increased rating for esophageal reflux and seeking service connection for arthritis of the left hand, with secondary consideration given to scars of the left hand.

The Veteran's schizoaffective disorder is productive of symptoms that reasonably show total impairment, and the Board finds that a 100 percent rating for this condition is warranted.

The Board finds that a present bilateral leg disability, other than the right and left knee disabilities for which service connection has been previously established, is not shown by the evidence of record. Therefore, entitlement to service connection for a bilateral leg disability is denied.

The Board found that the Veteran did not have cold weather exposure during service and, even if he had, there is no evidence of any residual disability resulting from such exposure.

The Veteran's claims for service connection for disabilities of the right lower extremity, left lower extremity, and bilateral upper extremities due to Agent Orange exposure were denied. The effective dates for the grants of service connection for left lumbar radiculopathy and right cervical radiculopathy have been established.

The Board has determined that the Veteran's claimed conditions of myositis and polymyalgia rheumatica are not service-connected, as there is no evidence showing they were incurred or aggravated during his military service. The claim for TDIU is also denied.

The Veteran's right thigh shell fragment wound is currently rated at 30 percent, which reflects a moderately severe injury to Muscle Group XIII. The Board finds that the current rating adequately reflects the severity of his disability.

The Veteran's male factor infertility is not related to his active service, including the bromide pills he took prior to deployment during the Gulf War. The Board found no evidence supporting a link between the medication and his current condition.

The Veteran's claim for service connection for a respiratory disorder, claimed as due to in-service asbestos exposure, is being remanded for further development and examination.

The Veteran's claim for a TDIU rating was denied because he failed to report for scheduled VA examinations without providing good cause.

The Veteran's claim for service connection for a sinus disability is being remanded due to the need for additional information and records, as well as a new VA examination.

The Veteran's service-connected thrombophlebitis of the left leg with pulmonary emboli and varicose veins is currently rated at 20 percent, effective March 6, 2009. The claim for a higher rating prior to that date remains denied.

The Veteran's claim for service connection for a lung disability, claimed as recurrent pneumonia, is denied because there is no competent evidence of a current chronic lung disability within the meaning of McClain.

The Veteran's appeal was remanded due to his incarceration and the need for a videoconference hearing. The case is now pending again with instructions on how to proceed.