Other conditions decisions — 2016

The Board has determined that the Veteran's claim of service connection for a dental disability should be remanded due to the need for additional development, including obtaining medical records and an examination.

The Veteran's appeal is being remanded for a videoconference hearing at his local RO. The issue of service connection for a skin disability, claimed as a rash on the entire body and related to in-service exposure to herbicides, will be heard by the Board.

The Veteran's claim for a waiver of overpayment of compensation benefits in the amount of $1630.71 is granted due to no fault on his part, significant VA fault in creating the debt, and undue hardship resulting from repayment.

The Veteran's service-connected chronic prostatitis with recurrent right epididymitis is currently rated at 60 percent, the maximum schedular rating for voiding dysfunction. The Board finds that an evaluation in excess of 60 percent is not warranted as there is no evidence of renal dysfunction or other factors indicating an exceptional disability picture.

The Board has determined that the Veteran's in-service herbicide exposure caused or contributed to his development of esophageal cancer, and thus service connection is granted.

The Board found that the Veteran's pre-existing right index finger disorder did not worsen during service, and thus denied his claim for service connection.

The Veteran's left leg disability, characterized by symptoms such as pain and stiffness, has been rated at 30 percent under Diagnostic Code 5262 for malunion of the tibia and fibula with marked knee or ankle disability. The evidence does not support a higher rating based on loose motion requiring a brace.

The Veteran's service-connected neck cyst, status post excision, is rated at a 10 percent evaluation. The Board finds that the evidence does not support an increased rating or TDIU based on this condition.

The Veteran's medical treatment provided by South Palm Beach Nephrology, P.A., from January 19-24, 2011 was not authorized by VA and thus the claim for payment is denied.

The Veteran's claim for service connection for gingivitis/periodontal disease was not granted as these conditions are not compensable under VA regulations.,For the period from July 9, 1994 to July 23, 2008, the Veteran's OCD disability warranted a 50% rating due to occupational and social impairment with reduced reliability and productivity.,Beginning July 24, 2008, the Veteran's OCD disability warranted a 70% rating due to deficiencies in most areas resulting from symptoms such as depression, anxiety, panic attacks, chronic sleep impairment, disturbance of motivation and mood, and obsessional rituals.,The Veteran was granted TDIU for the period beginning August 5, 2013 to March 1, 2016 due to pre-existing service-connected disabilities making it impossible for him to obtain or maintain gainful employment.

The Board has remanded the case for further development due to a joint motion for remand from the Court. The Veteran's claims of service connection for left leg varicose veins and left leg venous insufficiency are being reviewed.

The Veteran's claim of service connection for rashes and sores, including as due to Agent Orange exposure, anthrax, sarin gas, and unknown chemical and biological weapons is being remanded for additional development.

The Board found that the Veteran's respiratory symptoms, including shortness of breath, were not related to service and denied his claim for service connection.

The Board denied the appellant's claim for an extension of her delimiting date for DEA benefits, finding that she did not have a disability preventing her from initiating or completing her chosen program of education during her eligibility period.

The Veteran's appeal for an effective date prior to September 25, 2009 for the assignment of a 30 percent rating for perianal disability was withdrawn before the Board could make a decision. The case is being remanded for further examination and re-adjudication of the claim for a higher evaluation for anal fistula.

The Board denied the Veteran's claim for service connection for a back injury, now claimed as a chronic spine disorder, finding that it was not incurred in line of duty and thus not compensable.

The Board denied the Veteran's claim for an earlier effective date for the payment of a dependency allowance for his spouse, M. The effective date was determined to be October 1, 2010.

The Veteran's claim for service connection for loss of teeth numbers 7, 8, and 9 (claimed as loss of three top front teeth) was denied because there is no evidence that the loss occurred due to in-service trauma or disease. The claim for essential tremor was also denied as there is no credible evidence linking the condition to service.

The Veteran's left and right knee chondromalacia patella with arthritis were evaluated, and a rating of 20 percent was granted effective August 29, 2012.

The Board has determined that the Veteran's current hiatal hernia and Barrett's esophagitis arose during military service, warranting service connection on a direct basis.