Other conditions decisions — 2015

The appeal is being remanded due to the need for verification of the deceased veteran's service with the Army. The claim will be reconsidered after this information is obtained.

The Veteran's current varicose veins of the bilateral lower extremities are found to be related to his in-service varicose veins, and thus service connection is granted.

The Board has determined that the Veteran's MDS/AML is related to his military service, specifically Agent Orange exposure. As such, the claim for service connection is granted.

The Board granted an increased rating of 20 percent for right foot postoperative hallux valgus with degenerative changes and a 20 percent rating for left foot postoperative hallux valgus with degenerative changes.

The Board has determined that the Veteran does not meet the criteria for service connection for a right eye disorder or presbyopia, as there is no evidence of chronic residual disability from the corneal abrasions in service and both conditions are considered to be related to natural aging.

The Board found that there was no evidence to support a connection between the Veteran's squamous cell carcinoma of the right tonsil and his military service, including exposure to herbicides in Vietnam. The claim for service connection was denied.

The Veteran's claim for service connection for chronic constipation is granted. The claims for gout and pinched nerves are denied.

The Board found that the Veteran's skin disorders were not incurred in or aggravated by service and denied his claim.

The Veteran's left knee disability, characterized by pain and tenderness but with normal range of motion, does not meet the criteria for a rating in excess of 10 percent.

The Board found that the Veteran's current bilateral lower extremity disability, including edema, venous stasis, and varicose veins, is not related to his service or complaints therein. The preponderance of evidence does not support a finding of service connection.

The Veteran's appeal is being remanded for further development, including a VA examination and consideration of the claims on appeal. The AOJ will also consider an earlier effective date for service connection.

The Board finds that the Veteran's current seronegative inflammatory arthritis is not related to active service and is not caused by or permanently aggravated by a service-connected disability, thus denying her claim for service connection.

The Veteran's right hand disability was granted a 10 percent rating effective January 11, 2011. The appeal for an initial rating in excess of 10 percent since that date is denied.

The Veteran's claims for service connection for weakness and tingling of the hands, arms and forearms are denied. The Board finds that these symptoms are related to his already service-connected bilateral carpal tunnel syndrome (CTS). For the claim regarding an undiagnosed illness manifested by weakness and tingling in the shoulders, the Board grants service connection as it is considered a distinct disability incurred during active military service.

The Board has determined that the Veteran's stroke was not caused by VA treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the Veteran's claims for service connection for residuals of a back injury, disability exhibited by chest burns, throat polyps, and heart problems due to radiation exposure. The reasons were that the Veteran failed to report for a VA examination scheduled in conjunction with his reopened claim, and there was no evidence showing a relationship between any current disabilities and active service.

The Veteran's request for a waiver of overpayment in the amount of $2,802.00 was granted due to VA's fault in creating the debt and the hardship that collection would represent.

The Veteran's appeal for increased ratings for bilateral cataracts and diabetes mellitus was withdrawn. The claim for an initial compensable rating for the service-connected left elbow disability remains denied as his flexion is not limited to less than 125 degrees with pain, weakened movement, locking of the elbow, or flare-ups causing functional impairment.

The Veteran has withdrawn his appeals for the claims of higher initial evaluations for varicose veins, a compensable disability evaluation for bilateral hearing loss, and service connection for PTSD and esophageal cancer.

The Veteran claims service connection for a pulmonary lung disease due to in-service exposure to asbestos. The Board finds that VA has a duty to investigate whether the Veteran may have been exposed to asbestos in service as claimed and requests information regarding the likelihood of such exposure from any appropriate agency. Additionally, the Veteran should be requested to identify any VA or non-VA healthcare provider who treated him for his pulmonary lung disease and obtain all identified records. If it is determined that the Veteran was exposed to asbestos during service, he should be afforded a VA examination so as to determine the current nature and etiology of his pulmonary disorder.