Other conditions decisions — 2016

The Board has granted a TDIU rating for the Veteran's service-connected right leg disability since April 1, 2009.

The case is being remanded for additional development of medical evidence regarding potential herbicide exposure during service and occupational radiation exposure from X-ray and PET scan machines. The Veteran's claim will be readjudicated after the additional development.

The Board found that the Veteran's Becker's muscular dystrophy did not pre-exist service and was not aggravated by service. The examiner determined that the disease clearly and unmistakably existed prior to service, but also concluded it did not manifest during or within one year after separation from service.

The Veteran's claim for service connection for urinary incontinence is granted. The Board finds that the evidence is at least in equipoise with respect to her claim, and thus grants service connection for urinary incontinence.

The Board has determined that the Veteran's squamous cell carcinoma of the anus and invasive transitional cell carcinoma of the bladder are at least as likely as not related to his exposure to Agent Orange in Vietnam.

The Board denied the Veteran's claim to retroactive MGIB educational assistance prior to June 11, 2007, as his date of claim was July 11, 2008.

The appeal is being remanded due to scheduling issues for a videoconference hearing. The Veteran's cause of death issue remains pending.

The Veteran's claim for service connection for TMD must be remanded to obtain a new VA examination and any outstanding private medical evidence.

The Veteran's claim for service connection for residuals of in-service treatment for dental cavities, for compensation purposes is denied as there is no competent medical evidence of a current disability.

The Board denied the appeal, finding that termination of VA compensation benefits for the period from November [redacted], 2010, to March [redacted], 2011 was proper due to the appellant's status as a fugitive felon.

The Veteran's appeal is being remanded due to the need for additional development and examination, including an increased rating for her service-connected right hip disability. The TDIU claim will be adjudicated after these steps are completed.

The Veteran's claim for service connection for a left foot disability, including peripheral vascular disease of the left lower extremity, as secondary to his service-connected Type II diabetes mellitus, is being remanded due to conflicting evidence and need for further examination.

The Veteran's service is not considered to be during a period of war, thus he does not meet the basic eligibility requirements for NSC pension benefits.

The Veteran is granted a 30 percent disability rating for her digestive disorder (Crohn's disease and ulcerative colitis) effective November 11, 2013.,The Veteran is granted a 70 percent disability rating for anemia from May 1, 2014 to June 21, 2014. The Veteran is not entitled to a higher rating during any other portion of the period on appeal.

The Veteran's claim for an earlier effective date of service connection for degenerative joint disease, status post right elbow dislocation is being remanded due to the need to consider whether there was clear and unmistakable error in a prior rating decision denying service connection.

The Veteran's appeal has been withdrawn due to his request not wanting to proceed with the appeal.

The Board has ordered a remand to obtain an addendum opinion from the VA examiner regarding whether any residuals of a hernia repair are at least as likely as not related to service. The Veteran's claim is currently in remand status.

The Veteran's gastritis was granted service connection and assigned a noncompensable evaluation, effective October 8, 1999. The Board found that the criteria for a higher rating were not met throughout the appeal period.

The Board found that an effective date prior to June 22, 2012 for the award of a TDIU rating is not warranted as the evidence did not show that the Veteran's service-connected disability precluded him from securing or following a substantially gainful occupation prior to that date.

The Board has denied reopening the claims for service connection for cause of death and DIC benefits under 38 U.S.C.A. § 1151 due to lack of new and material evidence.