Other conditions decisions — 2014

The Veteran's service-connected discogenic disease with spondylosis at L5-S1 has been characterized by pain, lack of endurance and limitation of flexion greater than 30 degrees but less than 60 degrees. The disability is not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, by favorable ankylosis of the entire thoracolumbar spine, or by intervertebral disc syndrome with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months. Therefore, the criteria for an increased disability rating in excess of 20 percent have not been met.

The Veteran's claims for increased ratings for her service-connected abdominal pain syndrome and total abdominal hysterectomy have been denied as the evidence does not show that she meets or approximates the criteria for a higher rating under applicable diagnostic codes.

The Board has granted service connection for the Veteran's skin disability, finding it likely related to herbicide exposure during service.

The Veteran's spouse was denied an extension of the delimiting date for DEA benefits due to lack of evidence showing she was prevented from initiating or completing a chosen education program due to physical or mental disability prior to November 29, 2006.

The Veteran's claims for increased evaluations for his right and left knee disabilities are being remanded due to the need for additional development, including obtaining updated VA treatment records.

The Veteran does not have a current eye condition that is service-connected. The Board finds no evidence of an in-service injury or disease resulting in the claimed conditions.

The Veteran's right foot cicatrix and pectoral region muscle strain (chest pain) were both found to be not service-connected. The Board denied the claim for a right foot cicatrix, finding that it pre-existed service and did not worsen during service. The chest pain claim is pending as the heart condition claim has not been adjudicated.

The Board has determined that the reduction of the Veteran's nonservice-connected pension benefits was proper due to his excessive annual income, and thus denied the appeal.

The Veteran's lung disability is being remanded for additional development, including a VA examination to determine if it is related to his military service and exposure to Agent Orange.

The VA examiner concluded that the Veteran's service-connected PTSD, or the psychotropic drugs he took for this disability, was less likely as not to have caused his liver cancer. The Board finds this opinion adequate and persuasive.

The Board has ordered additional development to address whether the Veteran's claimed disabilities, including dizziness and joint pain, are related to an undiagnosed illness experienced during service in the Persian Gulf War. The claims will be remanded for further consideration.

The Board has granted service connection for lateral epicondylitis of the left elbow and assigned a 10 percent disability rating. The Veteran's dermatitis of the bilateral hands is currently rated as 10 percent disabling.

The Board has remanded the Veteran's claims for service connection for bilateral hand and leg disabilities due to incomplete information from private treatment records. The case must be returned to the AOJ for further development.

The case is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination. The issues of service connection for a skin disorder of the head and face, entitlement to an increased rating for residuals of a right inguinal hernia, and entitlement to TDIU will be adjudicated after these steps are completed.

The Board is remanding the case for additional development to address whether in-service malaria infection caused or contributed to coronary artery disease, which led to death from cerebrovascular accident.

The Veteran's NOD was timely filed, and the Board has determined that his claim for Montgomery GI Bill education benefits should be remanded to issue a Statement of the Case.

The Board has determined that the appellant's character of discharge is a bar to VA benefits due to bad conduct. However, additional development is needed including obtaining service medical records and determining if the appellant was insane at the time he committed offenses resulting in his discharge.

The Board finds that the Veteran's left hip disability, including avascular necrosis and the residuals of a left total hip replacement, was not incurred or aggravated as a result of active service or a service-connected disability.

The Board found no credible evidence of cold injuries during service and concluded that the Veteran's current symptoms are not related to his military service.

The Board found that the Veteran's right varicocele is unrelated to his renal disease, incontinence, lower extremity varicose veins, erectile dysfunction, and voiding frequency; is asymptomatic; and has no effect on his usual daily activities. As a result, the claim for a compensable rating was denied.