Other conditions decisions — 2015

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for gastric cancer, secondary to his service-connected Hodgkin's disease. The claim was denied as there is no clinical evidence showing a relationship between the current stomach cancer and the service-connected Hodgkin's disease.

The Veteran was granted service connection for Bell's palsy and assigned a disability rating of 10 percent, effective May 21, 2009. The appeal is limited to the initial rating issue.

The Veteran's right hand disability, characterized by pain and degenerative joint disease of the right fifth digit, has been rated as 10 percent disabling. The current rating adequately reflects his symptoms and functional impairment.

The Board denied the Veteran's service connection claim for a thoracic spine disability in November 2007, and has now determined that new and material evidence has not been presented to reopen the claim.

The Veteran is not eligible for educational assistance benefits under Chapter 30 (Montgomery GI Bill) due to his service dates and the lack of election to receive MGIB benefits.

The Veteran's right testicle atrophy is not rated higher than noncompensable due to the absence of atrophy in both testes.,Right foot hallux valgus and left foot hallux valgus are each rated as noncompensable because they do not meet the criteria for a compensable rating under DC 5280 (severe, equivalent to amputation of great toe).,The Veteran's right foot hallux valgus is currently rated as noncompensable. The left foot hallux valgus does not meet the criteria for a compensable rating.

The Board has determined that the Veteran's current reflux disorder and hiatal hernia are not related to his military service, and thus denied both claims.

The Veteran's claim for service connection for cancer of the larynx has been dismissed due to his death.

The Board finds that the medical evidence of record reflects that it is at least as likely as not that the Veteran's diagnosed PLS is a variant of his ALS, and should thus be subject to the presumptive service connection for ALS provided for pursuant to 38 C.F.R. § 3.318.

The Veteran's appeal is remanded due to the need for additional evidence regarding her pregnancy complications and withdrawal from classes, which may affect the validity of the overpayment. The case will be adjudicated again after considering this new information.

The Veteran's claims for an initial compensable rating for right eye transient blindness, an earlier effective date for the award of a 50 percent disability rating for PTSD, and an extraschedular rating from March 20, 2008 for a skin disorder were denied. The Board found that the available schedular ratings adequately covered his service-connected conditions.

The Board has determined that additional development is needed before the case can be decided. The Veteran's entire pay information record from DFAS and any physical claims file should be obtained, along with a copy of the July 2001 decision, personnel records obtained in February 2015, and the April 2015 SSOC.

The Board has remanded the case for additional development, including obtaining medical records and conducting a new VA examination to assess the current nature, extent, and severity of the service-connected right elbow disorder.

The Board has denied the Veteran's claim for an initial rating in excess of 10 percent for residuals of cancer of the right vocal cord.

The Board found no evidence linking the Veteran's current bilateral knee disorder to his military service, and thus denied his claim for service connection.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Court reversed the Board's decision and ordered the TDIU rating to be reinstated, effective October 1, 2005.

The Veteran's claim for waiver of recovery of an overpayment in the amount of $3,440.40 is being remanded due to the lack of a Statement of the Case (SOC).

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund as her spouse did not have qualifying service in the United States Armed Forces, including as a recognized guerrilla.

The Board has received notification of the appellant's withdrawal of his appeals regarding service connection for residuals of a sexually transmitted disease, to include gonorrhea, and a prostate condition. As such, the appeal is dismissed.