Other conditions decisions — 2016

The Veteran currently suffers from radiculopathy of the bilateral upper extremities that is either directly related to an injury during a period of ACDUTRA, or secondary to his service-connected cervical spine disability. Service connection for radiculopathy of the bilateral upper extremities is therefore granted.

The Veteran's esophageal cancer and the cause of his death are being remanded for additional development, including obtaining private treatment records and providing an addendum opinion from a VA examiner.

The Board has determined that there is not a nexus between the Veteran's in-service injury and his current diagnosis of Complex Regional Pain Syndrome (CRPS) of the right lower extremity, thus denying service connection.

The Board has determined that the Veteran's emphysema, at least in part, was due to his in-service exposure to trichloroethylene (TCE). As a result, service connection for emphysema is granted.

The Board denied the appellant's request for an extension of her delimiting date for Dependents Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because she did not provide evidence that she was prevented from initiating or completing her chosen program of education within the applicable eligibility period due to a physical or mental disability.

The Board has remanded the Veteran's appeal for a hearing before a Veterans Law Judge at the local regional office. The case must be returned to the AOJ so that the Veteran may be afforded a hearing and ensure compliance with the Board's remand instructions.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining medical opinions to determine the nature and etiology of the Veteran's claimed respiratory disability and right upper extremity disability. The claims are currently pending.

The Board found that its error in the March 17, 1980 decision regarding the nature of Leber's optic atrophy and how it relates to the presumption of soundness did not compel a different result. The conflicting statements from the Veteran coupled with his normal vision noted at separation were construed as clear and unmistakable evidence against aggravation.

The Veteran's service-connected status post tear, right pectoralis major has been rated at 20 percent since the initial grant of service connection. The Veteran's service-connected status post partial tear, right rectis femoris has also been rated at 10 percent since the initial grant of service connection.

The Veteran's residuals of venous thrombosis of the left leg are rated at 20 percent since October 17, 2013. The claim for higher ratings is denied.

The Veteran's claim for increased ratings for his service-connected psychosis associated with organic brain syndrome due to hallucinogenic drugs is being remanded for further action.

The Veteran's service-connected epididymitis, status post orchiopexy with residual testicular pain, does not manifest in renal dysfunction or urinary tract infection causing recurrent symptomatic infection requiring drainage / frequent hospitalization (greater than two times/year), or continuous intensive management. Therefore, the criteria for an increased initial evaluation in excess of 10 percent have not been met.

The Board found that the Veteran's current back disability is not related to service and denied his claim for service connection.

The Veteran's deep vein thrombosis, left leg, is currently rated at 60 percent and the Board finds that a higher rating is not warranted. The Veteran also contends for TDIU benefits but the evidence does not support this claim as he has not been found unemployable due to his service-connected disabilities.

The Veteran's service did not occur during a period of war, thus he does not meet the requirements for basic eligibility for VA non-service connected pension benefits.

The Board has determined that the Veteran's current nasal/sinus disorder, diagnosed as allergic rhinitis and sinusitis, had its onset during active service. Therefore, service connection for this condition is granted.

The Board has granted a compensable rating of 20 percent for the Veteran's service-connected right shoulder disability, denied entitlement to a rating in excess of 10 percent for the Veteran's service-connected right knee disability, and remanded the issue of entitlement to a total disability rating based on individual unemployability (TDIU). The Court granted a Joint Motion for Partial Remand which vacated the Board's denial of the Veteran's claim of entitlement to a compensable rating for residuals of a boxer's fracture of the right 4th and 5th metacarpals and remanded the issue back to the Board for action in compliance with the Joint Motion. The case is now REMANDED for further development.

The Board denied a rating in excess of 10 percent for residuals of stress fractures of both the right and left tibia since September 18, 2008.

The Board denied a rating in excess of 30 percent for the Veteran's left foot disability, finding that the symptoms were severe but did not meet the criteria for actual loss of use of the foot.

The Veteran's diagnosed myopia, astigmatism, and presbyopia were found to have been present during service and are therefore granted service connection.