Other conditions decisions — 2016

The Veteran's right eye corneal abrasion is being remanded for further examination and opinion to determine if it pre-existed service or was aggravated by service.

The Veteran's appeals for higher evaluations for chronic prostatitis were denied as the evidence did not meet the criteria for a rating in excess of 10 percent prior to October 1, 2014 and a rating in excess of 20 percent thereafter.

The Veteran's prolonged adjustment disorder with depressed mood has been granted a 30 percent disability rating, effective September 11, 2007. The condition is manifested by occupational and social impairment with reduced reliability and productivity.

The Veteran's bladder/urethral cancer was not found to be related to his service, including exposure to herbicides like Agent Orange. The claim for service connection is denied.

The Veteran's service-connected right ring finger disability does not result in limitation of motion of any other fingers or interference with overall function of his hand, and therefore a higher rating is not warranted.

The Veteran does not have an additional disability of the neck or head as a result of VA chiropractic treatment provided in June 2007. The proximate cause of any potential disability is not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department.

The Veteran is seeking to establish service connection for macular degeneration, which he claims was caused by radiation exposure during his military service. The VA has been instructed to obtain a dose estimate of the Veteran's in-service radiation exposure and seek an opinion through VA's Under Secretary for Benefits regarding whether it is at least as likely as not that the current condition resulted from such exposure.

The Veteran's residuals of an in-service fracture of the left little finger have been manifested by pain, loss of range of motion, weakness, and deformity. However, he still retains functional use of his left little finger and there are no objective neurological manifestations of this disability.

The Veteran's heat-induced urticaria has not resulted in any recurrent debilitating episodes or intermittent systemic immunosuppressive therapy for control, and thus does not meet the criteria for a rating in excess of 10 percent.

The Board has determined that there is no current evidence of a respiratory or digestive disability related to service, and thus the Veteran's claims for these conditions are denied.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as there is some additional disability resulting from the delay in diagnosis and treatment of his colon and rectal cancer, which was due to VA's carelessness or negligence.

The Veteran's surgery for a mesenteric laceration was performed by Dr. S.H., who is identified as a VA contract physician, but the Board finds that the treatment did not meet the criteria for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing it was provided by a VA employee or in a VA facility.

The Veteran's adjustment disorder is related to his military service and the Board grants service connection for this condition.

The Board has remanded the case for additional development due to new evidence and issues raised by the Veteran.

The Veteran's service-connected right thigh disability has been rated at 10 percent since January 23, 2009. The Board finds that the current evidence does not support a higher rating.

The Board has determined that the Veteran's residuals of cold injury to the bilateral feet and partial amputation of the left foot are related to his in-service exposure, thus granting service connection for these conditions.

The Veteran's appeal is being remanded due to the need for additional development and scheduling of a Board video-conference hearing.

The Board found that the Veteran's Crohn's disease did not increase in severity during his active service and was not aggravated by it. The evidence does not support a finding of service connection.

The Board denied termination of the appellant's non-service-connected death pension benefits, finding that her income exceeded the limit set for each annualization period. The decision also noted that she did not provide specific evidence reducing her countable income during any annualization period.

The Veteran's service-connected retroperitoneal fibrosis, which manifested with symptoms of frequent episodes of bowel disturbance and abdominal distress since September 4, 2013, is rated at 30 percent. The claim for an earlier effective date for the 30 percent rating remains pending.