Other conditions decisions — 2013

The Board has determined that the Veteran's chorioretinitis, claimed as tunnel vision, was likely caused by a parasitic infection during service in Vietnam. As such, the claim for service connection is granted.

The Veteran's service-connected residuals, left tibia, status post non-displaced fracture are not rated higher than the current 0 percent. The claim for a hysterectomy is granted.

The Veteran's appeal has been dismissed as the appellant withdrew his request for review before a decision was made.

The Veteran's appeal is being remanded to obtain a new VA examination and for further development of the record. The issue of an initial evaluation in excess of 60 percent for psoriatic arthritis will be reconsidered.

The Veteran's service-connected right and left knee disabilities have been rated as 10 percent each under Diagnostic Code 5024 (patellofemoral pain syndrome). The VA examinations did not find any instability or arthritis, thus preventing the application of other diagnostic codes. As such, the current ratings are denied.

The Board denied the Veteran's claims for service connection for right hip arthritis, right hip muscle damage, and right leg arthritis as secondary to a bone graft. The VA examinations did not find any additional musculoskeletal disability other than the bony protuberance from the iliac wing.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining medical records. The Veteran's claim of service connection for sexual dysfunction as secondary to his service-connected verruca acuminata on scrotum and penis should also be adjudicated.

The Board finds that the preponderance of the evidence supports an effective date for the Veteran's 100 percent rating for his aspergillosis to be June 27, 2007, the date of the diagnosis of chronic recurrent hemoptysis. An earlier effective date is not warranted because no other evidence prior to June 27, 2007, and within one year prior to the December 2007 claim for increase, demonstrates a factually ascertainable increase in disability.

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected degenerative joint disease of the thoracic spine is being remanded due to incomplete records and need for clarification from a VA examiner.

The Veteran's Social Security Administration benefits were properly considered in determining his countable annual income for purposes of improved pension benefits, and thus the appeal is denied.

The Board found that the Veteran's discontinuance in the Vocational Rehabilitation & Employment services program on the basis of noncooperation was proper due to his 10-year pattern of failing to attend scheduled training programs.

The Veteran's appeal is being remanded for further development, including a VA examination to address the nature of all right hand disorders and any nexus to service or to his service-connected right little finger disability.

The Veteran's claim for service connection for a dental condition for compensation purposes is denied as he does not have a compensable dental condition.

The Veteran's multiple joint arthralgia, including residuals, was initially rated at 20 percent from December 19, 2005 until February 7, 2012. Since then, the disability has been rated at 40 percent.

The Veteran's service-connected epididymitis of the left testicle is manifested by frequent pain, but has not resulted in renal dysfunction, urinary leakage, or other symptomatology. The Board finds that an evaluation in excess of 30 percent for this condition is not warranted.

The Veteran withdrew his appeal regarding the claim of service connection for a skin disorder prior to the Board's decision.

The Board is remanding the case to determine if the Veteran had qualifying service under Title 32 authority, which could affect his eligibility for Post-9/11 GI Bill benefits.

The Board has determined that there is no evidence of arthritis in the left foot during service or within one year after discharge, and current disability cannot be established. The Veteran's symptoms are attributed to his service-connected conditions.

The Veteran's surviving brother is not eligible for increased DIC benefits as he does not meet the legal requirements of being a child, illegitimate child, or stepchild of the Veteran.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of any arthritis of the right hand that is currently diagnosed or was diagnosed proximate to the claim.