Other conditions decisions — 2016

The Veteran's claims for service connection for colorectal cancer and right leg disability (claimed as cramps and leg jumps) have been denied due to the absence of a current disability associated with these conditions.,No evidence has been found to support the presence of a current psychiatric condition, specifically PTSD or major depressive disorder, that is related to service.

The Board denied the Veteran's claim for a rating in excess of 20 percent for his thoracic spine disability, finding that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less. The Board also found no incapacitating episodes meeting the criteria for an increased rating under the IVDS Formula.

The Veteran's service-connected loss of interphalangeal joint between the middle and distal left index finger has been manifested by ankylosis of the distal interphalangeal (DIP) joint, resulting in pain, numbness, tingling, and decreased sensation. The Board found that a rating in excess of 10 percent is not warranted due to lack of useful function.

The Board denied the Veteran's claims for payment of unauthorized medical expenses incurred on May 13, 2012, at CRMC.

The Board found that the Veteran's current conditions are not a result of VA carelessness or negligence, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the Veteran's claims for increased ratings for adjustment disorder with depressed mood and gastritis due to additional development of evidence, including obtaining SSA records and scheduling VA examinations.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as he did not have additional disability resulting from the July 2007 cataract surgery.

The Board denied a waiver of recovery of overpayment for Chapter 33 education benefits in the amount of $3,000 due to bad faith on the part of the Veteran.

The Veteran's fatigue disability, including chronic fatigue syndrome (CFS), was not incurred in or aggravated by active service. The Board found that the Veteran did not have a current diagnosis of CFS and his symptoms had resolved.

The Veteran's appeal is being remanded for further development, including obtaining a new VA examination to assess the current severity of his right leg disability and determining whether separate ratings should be assigned for additional right leg disability.

The Board has determined that the Veteran's tremors are related to his in-service exposure to defoliant chemicals and finds that service connection is warranted.

The Board has granted a 10 percent disability rating for herpes zoster (shingles) throughout the appeal period, considering intermittent use of oral antiviral agents.

The Veteran's service-connected right ilioinguinal neuralgia and associated reflex sympathetic dystrophy have been rated at the maximum available under Diagnostic Codes 8629 and 5260, respectively. The Board has determined that his symptoms more nearly approximate ankylosis of the right knee than any degree of limited flexion or extension.

The Board has determined that the Veteran's unauthorized medical expenses incurred from January 8 to January 11, 2013 are eligible for reimbursement as they met all criteria under VA regulations.

The Veteran's claim for an increased rating for residuals of a right hand intrinsic Group IX muscle injury is denied as the current 10 percent rating adequately reflects his symptoms and disability level.

The Board has remanded the case for scheduling a videoconference hearing due to failure to provide the appellant with a prior requested hearing.

The Board has determined that the Veteran's case requires additional development due to missing VA medical records and Social Security Administration disability benefits records. The claim for an increased rating for left leg disability is being remanded.

The Board finds that the Veteran's sarcomatoid carcinoma, which caused his death from acute myelocytic lymphoma, is presumed to be related to his in-service exposure to Agent Orange. As a result, service connection for the cause of the Veteran's death is granted.

The Veteran and the appellant were not legally married for at least one year prior to the Veteran's death, thus failing to meet the requirements for recognition as his surviving spouse for DIC benefits purposes.

The Board has granted service connection for a cognitive disorder and left testicle disorder, finding that the disorders are related to service-connected conditions or in-service events. The Veteran's current diagnoses of cognitive disorder and left testicle disorder have been linked to his service-connected squamous cell carcinoma treatment and an in-service injury during combat, respectively.