Other conditions decisions — 2015

The Veteran's claim for service connection for anemia, related to in-service mercury exposure, was denied as there is no evidence of a current disability.

The Board has remanded the claim for additional development, including an examination and etiological opinions regarding the Veteran's venous disability of the lower extremities.

The Veteran's claim for an earlier effective date for a 20 percent disability rating for service-connected duodenal ulcer disease is denied as it cannot be factually ascertainable that the disability increased before April 30, 2007.

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including obtaining service personnel records and verifying the appellant's claimed asbestos exposure during his Reserve service.

The Board found that there is no evidence showing chronic symptoms of Raynaud's phenomenon in service or within one year after separation, and the medical opinion concluded that the current condition is less likely related to injury during service. The Veteran did not meet the criteria for service connection.

The Veteran's left ankle disability, characterized by ankylosis in plantar flexion and dorsiflexion, is currently rated at 30 percent under Diagnostic Code 5270. The Board finds that the evidence supports this rating.

The Veteran's claims for increased ratings for patellofemoral dysfunction of the left and right knees were granted effective July 1, 2010. However, a VA treatment record dated June 1, 2010, indicated that his right knee condition worsened after exercise on May 28, 2010.

The Board has remanded the case for a hearing at the RO due to the Veteran's request and is not ready to make a decision on whether withholding of VA compensation benefits based on drill pay was valid.

The Board has determined that the Veteran's current bilateral lower extremity disorders are proximately due to or the result of his service-connected lumbosacral spine stenosis.

The Veteran seeks service connection for ischemic cardiomyopathy, including as a result of herbicide exposure. The RO denied the claim on the basis that the heart disease was caused by a 1979 motor vehicle accident (MVA). The Board has determined that an examination is necessary to determine if the current diagnosis of ischemic heart disease may be related to herbicide exposure or the MVA.

The Veteran's appeal is being remanded due to the need for a new VA examination and consideration of outstanding treatment records. The issue remains whether he should receive a higher rating for his HIV related illness.

The Veteran's claim for a compensable rating for costochondritis of the right anterior chest wall is being remanded due to outstanding medical records that need to be obtained.

The Board has denied the claim on appeal as a matter of law because the appellant is not legally recognized as the Veteran's surviving child for VA purposes.

The Veteran's request for a waiver of overpayment was not timely, and therefore the appeal is denied.

The Board found that the appellant's discharge from active service was under other than honorable conditions due to a pattern of misconduct, including unauthorized absences. The decision concludes this discharge is a bar to VA benefits.

The Veteran's death is not eligible for non-service-connected burial benefits due to lack of qualifying conditions and the absence of service-connected disabilities.

The Veteran's cause of death, invasive moderately differentiated adenocarcinoma of the sigmoid colon, is not service-connected as there is no evidence linking it to his military service or any service-connected condition.

The Veteran's death is not related to his military service, and the Board finds that there is no evidence linking multiple myeloma to service or any other condition.

The Veteran's squamous cell carcinoma and basal cell carcinoma were not found to be related to his service, including exposure to herbicides. His claim for PTSD was also denied.

The Veteran's appeal is being remanded for a VA examination to determine the nature and likely etiology of his bilateral hammertoes, which he contends are related to service. The case will be readjudicated after the examination.