Other conditions decisions — 2013

The Veteran's claim for service connection for cancer, including squamous cell carcinoma of the base of the tongue and/or lymphoma, is being remanded due to insufficient evidence regarding the etiology of his condition. The VA will provide a medical examination and obtain additional relevant records.

The Veteran's right knee disability, specifically his chondromalacia patella with lateral release residuals, has not met the criteria for a higher initial rating of more than 10 percent from August 15, 2009 to September 22, 2010.

The Veteran's claim for service connection for loss of equilibrium/balance is being remanded due to the need for a VA examination to determine if his tinnitus or bilateral hearing loss has caused or aggravated this condition.

The Board has determined that the Veteran's claims for earlier effective dates for service connection of residuals of cold injuries to both lower extremities are denied as there was no pending claim prior to June 1, 2009. The May 2001 RO rating decision is final and does not allow for an earlier effective date.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for residuals of a left hip injury and a urinary system disability. The claims are therefore granted.

The Board has determined that the Appellant is not eligible for accrued benefits as she does not qualify as a child of the Veteran and did not pay for the expenses of last sickness and burial.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and reviewing the medical examination report.

The Veteran's irritable colon syndrome was rated at 10 percent from April 2008 until December 2010, and is now rated at 30 percent since December 2010.

The Board has determined that the Veteran's pre-existing personality disorder was aggravated by his military service, and therefore grants service connection for aggravation of a personality disorder.

The Board found that the cause of the Veteran's death was not related to any service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board found that the reduction of the disability rating for non-Hodgkin's lymphoma from 100 percent to 0 percent, effective October 1, 2007 and February 1, 2010, was proper due to improvement in the level of disability.

The Veteran's claim for an evaluation in excess of 30 percent for macular degeneration, right eye was denied as the evidence did not show impairment of central visual acuity that would warrant a higher rating.

The Board denied the appellant's claim for one-time payment from the FVEC Fund due to a certification by the service department that the appellant did not have recognized guerrilla service in the United States Armed Forces during World War II.

The Board found that pseudomyxoma peritonei/peritonel carcinomatosis was not incurred in or aggravated by the Veteran's active duty service, nor may it be presumed to have been incurred in or aggravated by such service.

The Board denied the Veteran's claim for service connection for residuals of dental trauma, finding that his tooth loss did not meet the criteria for compensation under Diagnostic Code 9913 due to lack of bone loss. The Veteran may still be eligible for VA outpatient dental treatment.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the Veteran's arthritis of the right big toe was not incurred in, aggravated by, or can be presumed to be due to active military service. The evidence does not show an injury or disease during service or within one year after separation from service.

The Board found that the Veteran's right hip disability was not incurred in service and is not related to his service-connected bilateral knee and low back disabilities. The claim for secondary service connection was also denied.

The Board has remanded the case to obtain additional treatment records related to a skin condition of the bilateral feet, which may affect the service connection determination.

The Veteran's right and left rotator cuff tendonitis have not met the criteria for evaluations in excess of 20 percent prior to January 22, 2008, or 30 percent on and after that date.