Other conditions decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new examination to assess the current severity of his service-connected bilateral patellofemoral pain syndrome.

The Board has determined that the evidence is approximately evenly balanced as to whether the Veteran's myelodysplastic syndrome is related to military service, specifically exposure to Agent Orange in Vietnam. The claim for service connection is granted.

The Board has remanded the case due to a need for clarification on the effective date of Dependents' Educational Assistance (DEA) benefits awarded under 38 U.S.C.A. Chapter 35.

The Veteran's appeal is being remanded to obtain a new VA examination for his service-connected temporomandibular joint syndrome, as the current evidence of record raises questions about its severity.

The Veteran's bilateral lower leg wounds and ulcers are not considered to be proximately due to or aggravated by his service-connected pes planus disability.

The Board has remanded the case for a videoconference hearing before a Veterans Law Judge at the Togus RO in Augusta, Maine. The Veteran and his attorney will be notified of the date and time of the hearing.

The Board finds that the Veteran's left arm disability, including a rotator cuff tear and os acromiale, is not related to service. The VA examiner opined that the current disabilities are less likely than not incurred in or caused by an in-service injury.

The Board found that the Veteran's cholangiocarcinoma is not related to service, a claimed liver fluke infection, or exposure to herbicides in service. The evidence did not establish any parasitic infection in service and the Veteran's current symptoms are not credible.

The Board has determined that the appellant's hernias and their residuals are not related to his military service, leading to a denial of his claim for service connection.

The Board has remanded the case for a personal hearing before a Veterans Law Judge (VLJ) sitting in Washington DC due to the Veteran's request. The appeal is not about service connection and thus does not involve any conditions or exposure basis.

The Veteran's right thumb disability is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on the current evidence of record.

The Board has remanded the case due to inadequate examination and needs further proceedings.

The Board finds that the Veteran did not have leukemia or cataracts due to in-service exposure to radiation from radar units. The claims are therefore denied.

The Veteran's service connection claim for a skin disorder diagnosed as mycosis fungoides is granted due to presumed exposure to herbicides during service.

The Veteran's service connection claim for mycosis fungoides is granted, effective from the date VA received his initial claim in May 28, 1996.

The Veteran's service connection claim for chronic lymphocytic leukemia is granted due to his active duty service off the coast of Vietnam and current diagnosis.

The Board denied the motion alleging clear and unmistakable error in the May 29, 1973 and August 8, 1973 rating decisions denying entitlement to service connection for ear condition and defective hearing. The decision states that there was no basis for a finding of clear and unmistakable error.

The Board denied the appellant's claim for Parents' DIC as her income exceeded the maximum limit set by law, and she did not provide evidence to reduce her countable income.

The Board found that the Veteran's residuals of a right orchiectomy did not more nearly approximate the criteria for a higher rating under either the old or new criteria, and thus denied his claim.

The Veteran's service connection claim for toenail fungus was granted, and he is now receiving a 10 percent rating for OCD. The issue of an initial rating in excess of 10 percent for OCD remains pending.