Other conditions decisions — 2014

The Board found no evidence to support the Veteran's claim that his MDS was caused by exposure to herbicide agents in service, and denied the claim.

The Board granted a disability evaluation of 30 percent for the Veteran's right knee disability, effective as of November 2, 2010. The left knee disability was not addressed in this decision.

The Board has remanded the case for a VA examination to determine if the Veteran's thrombocytosis is related to service, including presumed herbicide exposure. The appeal will be returned to the AOJ after this examination.

The Board has determined that the Veteran's bilateral foot disorder (calluses) is related to service and grants service connection for this condition.

The Board found that the reduction of ratings from 20% to 10% for right and left hand tendonitis was proper, effective February 1, 2009.

The Veteran's claims for a compensable rating for traumatic iritis of the left eye and TDIU are being remanded due to incomplete development. The VA must obtain all available treatment records, including those from the November 2009 VA examination, and provide an opinion regarding the degree of visual field contraction in terms of degrees as specified on Diagnostic Code 6080.

The Board has determined that the Veteran's lung condition is not related to his military service, including any asbestos exposure. The claim for service connection is denied.

The Board denied compensation benefits for a nasal cavity disorder, including a nasal septal perforation causing recurrent epistaxis, under the provisions of 38 U.S.C.A. § 1151 due to lack of fault on the part of VA.

The Veteran's bilateral cataracts were not incurred in or aggravated by his active service, nor may they be presumed to have been incurred due to ionizing radiation exposure. The Board denied the claim on the merits.

The Veteran's claim for educational assistance benefits under Chapter 30 of Title 38, United States Code, was denied as his application was not timely filed.

The Veteran's claim for an earlier effective date for the increased rating of his service-connected adenocarcinoma of the prostate was granted, with the effective date set at December 31, 2003.

The appeal has been dismissed due to the death of the appellant. The issue of reopening a claim for service connection for a right leg disability is moot.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of VA benefits due to a separation from the Veteran, which was not continuous from the date of marriage until his death.

The Board denied the Veteran's claim for an effective date earlier than March 1, 2008 for the award of dependency allowance for his spouse and stepchild. The decision stated that no evidence was provided to notify VA of the marriage prior to February 2008, which is more than a year after the June 2006 marriage.

The Board found that the Veteran's period of service from September 10, 1985 to February 10, 1989 was under conditions other than honorable due to willful and persistent misconduct. As a result, he is not eligible for VA benefits based on this period.

The Veteran's claim for an earlier effective date for anal incontinence associated with Crohn's disease is granted, but his claim for an earlier effective date for a 70 percent rating for mood disorder is denied.,An effective date of June 17, 2002, but no earlier, is granted for the award of service connection for anal incontinence associated with Crohn's disease. The Veteran's claim for a 70 percent rating for mood disorder is not supported by evidence showing an increase in disability within one year prior to September 11, 2009.

The Board found that the reduction of ratings from 20 percent to noncompensable for bilateral service-connected recurrent cellulitis of the lower extremities was proper, and restoration is denied.

The Veteran died from diffuse large B cell lymphoma, but service connection for the cause of death is denied as there was no evidence linking his death to his military service. The appellant's claims for DIC under 38 U.S.C.A. § 1318 and accrued benefits are also denied.

The Veteran is seeking an increased rating for his service-connected Crohn's disease, which was reduced from a 100 percent to a 10 percent disability rating effective May 1, 2010. The Board has determined that the issue of whether the reduction in disability rating was proper must be remanded along with consideration of the current evaluation of his service-connected Crohn's disease.

The appeal has been dismissed due to the death of the appellant.