Other conditions decisions — 2015

The Veteran's tonsil cancer is found to be related to his service in Vietnam, specifically due to exposure to Agent Orange. The claim for an increase in the PTSD rating is granted.

The Veteran's eligibility for the Veterans Retraining Assistance Program (VRAP) is denied due to his discharge from service under other than dishonorable conditions, which serves as a bar to VA benefits.

The Board found that the Veteran's current bilateral foot disorder is not related to service and denied his claim.

The Veteran's claim for service connection for diffuse muscle pain, claimed as due to an undiagnosed illness, was denied. The Board found that the Veteran does not have a current diagnosis of this disability.

The Board found that the overpayment of VA educational assistance benefits in the amount of $21,644.47 was valid due to a fraudulent scheme perpetuated by all 60 veterans enrolled at RMTU.

The Veteran's claims for service connection for pancreatic cancer, liver disability, peripheral neuropathy of the right and left lower extremities, and residuals of exposure to herbicides have been denied. The Board found that while there is evidence linking these conditions to Agent Orange exposure during service, the preponderance of the evidence does not support a finding of current disabilities or direct causation.

The Veteran's active duty service occurred during the Vietnam Era, but was for less than 90 days. He is currently entitled to supplemental security income (SSI) from the Social Security Administration (SSA), which he received retroactively since December 2008. His pending claim of entitlement to service connection for cerebral palsy could impact his eligibility for nonservice-connected pension benefits, so this appeal must be remanded until resolution of that claim.

The Veteran's service-connected shin splints of the left lower extremity are currently rated at 20 percent, and his right lower extremity is also rated at 10 percent. The Board finds that these ratings adequately reflect the severity of the disabilities.

The Veteran's appeal for service connection for migraine headaches and a psychiatric disorder to include major depressive disorder (claimed as dysthymia) is dismissed because the benefits sought on appeal have already been granted.

The Veteran is seeking service connection for a gall bladder disability. The VA has not provided an adequate examination and requested additional medical records, including from the Veteran's last medical examination over four years ago.

The Board has determined that a VA examination is necessary to assess the Veteran's claim for jungle rot of the feet, as his reported history and current diagnosis suggest this condition may be related to service. The case will be remanded for further development.

The Board has determined that the Veteran's chronic myelogenous leukemia is related to service, including his exposure to benzene in the workplace. As a result, the claim for service connection is granted.

The Board has determined that the Veteran's left eye ptosis, which required two surgeries, had its onset during her active duty service and is therefore service-connected.

The Board has remanded the case for additional development including obtaining a VA examination and reviewing outstanding VA treatment records. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran's claim for a compensable rating prior to January 29, 2008, and a rating in excess of 20 percent from January 29, 2008 to November 1, 2009, was denied. The reduction from 20 percent to 10 percent for the Veteran's herniated nucleus pulposus at L4-L5, effective November 1, 2009, was found improper and restored the 20 percent rating.

The Veteran's psoriatic spondylitis, lumbar spine was rated at 10 percent prior to November 22, 2013 and granted a rating of 20 percent effective that date. The Board finds the evidence does not support a higher rating for any period.

The Board has determined that the appellant's discharge was under other than honorable conditions and constitutes a bar to payment of VA benefits. Additional development is required due to unclear basis for fraudulent entry.

The Veteran's appeal has been withdrawn by her authorized representative, resulting in the dismissal of the appeal.

The Board has remanded the case due to incomplete records and the need for a new medical opinion regarding the Veteran's foot disorders.

The Board has remanded the case due to incomplete information regarding the Veteran's service status at the time of his hypertension diagnosis and an additional opinion is needed for the left elbow disability.