Other conditions decisions — 2014

The Board is remanding the case for further consideration of whether new and material evidence has been received to reopen a previously denied claim of service connection for cataract and macular degeneration of the right eye, including as secondary to a service-connected left eye disability. The issue also includes entitlement to service connection for a right eye disability, including secondary service connection.

The Board has remanded the case for additional development to gather relevant medical records and determine if service connection is warranted for a low back disorder, respiratory disorder, or higher rating for bilateral hearing loss.

The Board finds that the Veteran's current left eye disability, including macular degeneration and cataracts, is not related to his active service. The preponderance of evidence does not support a finding that these conditions are linked to an in-service injury or exposure.

The Board has determined that the Veteran's right elbow condition did not have its onset during service or as a result of his service-connected disability, and thus, denied his claim for service connection.

The Veteran's claim for an earlier effective date than February 12, 2008 for the award of a total disability rating based on individual unemployability (TDIU) as a result of service-connected disabilities is being remanded due to an incorrect address in the Statement of the Case.

The Veteran's service treatment records show no complaints, findings, or diagnosis pertaining to the eyes on enlistment examination. In-service diagnoses of astigmatism and myopia are refractive errors and thus not disabilities eligible for service connection compensation benefits.

The Veteran's dryness of the eyes is found to be due to her service-connected hypothyroidism. Her refractive error, including hyperopia and presbyopia, is not considered a disease or injury for VA compensation purposes. The rating for her service-connected hypothyroidism remains at 30 percent.

The Board has denied the Veteran's claims of entitlement to service connection for right breast prophylactic mastectomy and total hysterectomy, bilateral oophorectomy as secondary to a service-connected disability. The evidence received since the previous denial is not considered material.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional disability of the right eye caused by a VA surgery on December 18, 2007. The Board has determined that an addendum opinion is needed to address whether the cataract surgery performed on December 18, 2007 actually caused additional disability (retinal detachment and loss of vision in the right eye).

The Veteran's service-connected postgastrectomy status dumping syndrome meets the minimum percentage requirements for a TDIU, but his employment status and ability to secure and follow a substantially gainful occupation need further clarification.

The Board denied the moving party's claim for recognition as the Veteran's surviving spouse, finding that her marriage to the Veteran was invalid due to a legal impediment under Philippine law. The decision is final and cannot be revised on grounds of CUE.

The appellant's spouse did not have recognized service in the U.S. Armed Forces, including as a guerrilla, during World War II and therefore is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's claim of an annual clothing allowance for the year 2010 was denied by the VAMC in Temple, Texas. The decision is being remanded due to a lack of supporting medical evidence from his previous award in 2008.

The Board has decided that additional evidence is needed and the case is being sent back to the Department of Veterans Affairs (VA) Regional Office for further review. The Veteran's service-connected bilateral foot disabilities are being examined again to determine their current severity.

The Veteran's claim for an earlier effective date of service connection for squamous cell carcinoma, left tonsil, status post surgery is dismissed as the January 2001 rating decision has become final.

The Board found that the appellant's discharge under other than honorable conditions resulted from willful and persistent misconduct, was not due to a mere minor offense, and was not otherwise honest, faithful, and meritorious. The character of her service is therefore considered a bar to VA benefits.

The Veteran's service-connected right elbow disorder has been evaluated as 10 percent disabling based on limitation of motion. The disability does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claim for additional educational assistance benefits under the Post-9/11 GI Bill is denied as he has already received the maximum amount of education benefits available to him under other programs, including Chapter 30 and Chapter 1606.

The Board found that the Veteran's additional disabilities were not caused by VA medical care, and thus denied compensation benefits under 38 U.S.C.A. § 1151 for both his right leg amputation residuals and degenerative joint disease of the spine.

The Veteran's appeal is being remanded for additional development due to the need for a new VA examination to assess his postoperative variocele with ilio-inguinal nerve pain.