Other conditions decisions — 2013

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for head/neck cancer, which is presumed related to his exposure to Agent Orange during service.

The Veteran's right eye disability is currently rated at 30 percent, the maximum schedular rating available. The appeal for a higher rating has been denied.

The Veteran's current degenerative joint disease in the lower back is related to a low back injury sustained during active duty, and he has continuous symptoms since service separation. The Board finds that the Veteran is entitled to service connection for his low back disability.

The appellant is not eligible for Post-9/11 GI Bill (Chapter 33) educational assistance benefits due to insufficient qualifying service.

The appellant is seeking basic eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The Veteran's death was not due to a service-connected disability and he was not rated as permanently and totally disabled at the time of his death. The appeal is REMANDED to obtain the Veteran's claims folder for review.

The Board granted an initial 30 percent rating for dysthymia from June 26, 2007 to September 21, 2007 and denied a higher rating.

The Board denied service connection for memory loss and pancreatic cancer with metastasis to the liver due to exposure to Agent Orange, as these conditions are not shown to be related to service or to Agent Orange exposure.

The Board has determined that the Veteran's right cluneal nerve neuritis/gluteal muscle strain is caused by his service-connected left knee disability, and thus grants service connection for this condition.

The Veteran's claim for payment or reimbursement of unauthorized non-VA medical expenses incurred on September 27, 2012, at Capital Regional Cardiology Associates was denied as the treatment did not meet the requirements under VA regulations for such claims.

The Veteran's service-connected bilateral pes planovalgus is manifested by objective evidence of marked pronation, pain on manipulation and use accentuated, indication of swelling on use, characteristic callosities, extreme tenderness of plantar surfaces of the feet, and not improved by orthopedic shoes or appliances. The Board finds that a 50 percent evaluation for bilateral pes planovalgus has been met.

The Board has ordered additional development to obtain medical records and seek an updated opinion regarding the Veteran's cause of death. The appeal is currently in remand status.

The Board has remanded the case due to a violation of its previous instructions and an inconsistency in the provided opinion. The claim for service connection for panic disorder with agoraphobia will be reconsidered.

The Veteran's bilateral leg disability, including peripheral vascular disease, was not incurred or aggravated during his military service. The Board finds that the preponderance of evidence is against the claim.

The Board denied the appellant's claim for nonservice-connected disability pension benefits as he lacked the required military service, and therefore is not eligible for these benefits.

The Board has ordered a new VA examination to determine the nature and etiology of any identified skin disability, including whether it began in or was caused by service. The appellant is also asked to provide more information about his claimed conditions.

The Veteran's service-connected Crohn's disease has been manifested by abdominal pain, cramping, and diarrhea without malnutrition, frequent attacks, excessive weight loss, an overall decline in general health, or other serious symptomatology. The criteria for an evaluation in excess of 30 percent have not been met.

The Board denied service connection for a gastrointestinal disorder other than stomach ulcers, including dyspepsia and duodenitis, finding that the Veteran's symptoms did not increase during service.

The Board found that the Veteran's colon cancer did not meet the criteria for presumptive service connection due to exposure to Agent Orange, and it was not related to his military service. The claim is denied.

The Veteran's prostate condition was not found to be related to his military service, including presumed exposure to herbicides. The Board denied the claim for service connection.

The Board found that the Veteran did not require additional convalescence beyond February 1, 2009 due to his November 2008 hernia surgery. The evidence showed continued medical issues and limitations on employment related to preexisting conditions.