Other conditions decisions — 2015

The Board has determined that there is no probative evidence linking any post-service disorder of the ears to the Veteran's military service, including as a residual of a cold injury experienced during active duty. Therefore, the claim for service connection for a bilateral ear disorder, to include as the residual of a cold injury to the ears, is denied.

The Veteran's bilateral ankle Achilles tendonitis is currently rated as 20 percent disabling, and the Board finds that increased ratings are warranted.

The Veteran's service connection claim for colon cancer, due to ionizing radiation exposure is granted. The claim for cataracts remains pending as it does not meet the criteria for presumptive service connection under VA regulations.

The Board has ordered additional development due to outstanding treatment records from the San Juan, Puerto Rico VAMC and the Veteran's childhood right eye trauma. The case is being remanded for these records to be obtained.

The Board found that the Veteran's reported blood from the mouth did not manifest in service and is not shown to be related to his service. As such, service connection for a disability manifested by frequent blood from the mouth was denied.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted with an effective date of May 1, 2007.

The Veteran's income exceeded the maximum annual pension rate (MAPR), so he is not entitled to nonservice-connected pension benefits.

The Board has determined that the appellant's bad conduct discharge due to willful and persistent misconduct is a bar to VA compensation and health care benefits.

The Veteran's claim for an increased disability rating for osteopenia/osteoporosis of the right hip is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran is seeking service connection for respiratory symptoms he asserts were caused by exposure to sulfur gases during a 2003 deployment in Iraq. The Board has determined that further examination and opinion are needed before the claim can be adjudicated.

The appellant's spouse served in the Army from June 1972 to August 1973, but was discharged under other than honorable conditions due to willful and persistent misconduct. The Board found that this discharge is considered dishonorable for VA purposes, thus denying legal entitlement to VA death benefits.

The Board denied an earlier effective date for the grant of service connection for the cause of the veteran's death, finding that the earliest possible effective date was June 15, 2006.

The Veteran's appeal is denied as his Crohn's disease does not meet the criteria for a rating in excess of 30 percent.

The Board found that the Veteran's current meralgia paresthetica is not related to service or her service-connected total abdominal hysterectomy with bilateral salpingo-oophorectomy and denied her claim for service connection.

The appeal is being remanded due to the need for a Travel Board hearing. The claim of entitlement to nonservice-connected death pension benefits remains pending.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded due to his failure to attend the scheduled hearing. His request for a personal hearing before a member of the Board at his local RO has been granted.

The Board has determined that the Veteran's right foot hallux valgus warrants a 10 percent initial disability rating for the entire appeal period, as it more nearly approximates moderate impairment.

The Board has ordered a remand to obtain an adequate VA examination and opinion regarding the Veteran's right great toe disability, which clearly and unmistakably pre-existed service. The examiner is requested to provide opinions on whether the condition was aggravated by any incident, illness, or injury during active service.

The Board has denied the Veteran's claims for service connection for a left hand disability and right ear hearing loss. The Veteran was provided with adequate notice prior to the initial adjudication, all available records have been obtained, and no further remand is needed.