Other conditions decisions — 2016

The Board denied service connection for the Veteran's status post C4-6 laminectomy/foraminotomy and fusion, finding that his current disability is not causally or etiologically related to his active military service.

The Veteran's claims for an extraschedular evaluation greater than 30 percent for irritable colon syndrome and a total disability rating based on unemployability due to service-connected disabilities were denied. The Board found that the evidence did not support granting these benefits.

The Board has remanded the claim for service connection for tremors due to insufficient examination and opinion regarding the etiology of the condition, including whether it is related to PTSD, alcohol use, or medications used to treat PTSD.

The Board has determined that the Veteran's left lower extremity disorder, including weakness and swelling, cellulitis, venous valvular incompetency, venous stasis, and varicose veins, is related to his service. The decision grants service connection for this condition.

The Board has remanded the case due to incomplete records and inadequate medical opinion. The Veteran's urinary disorder, including benign prostatic hypertrophy (BPH), is being reviewed for service connection. Additional efforts are required to obtain Camp Shelby medical records from June 1967 to September 1967 and around April 4, 1968. A supplemental VA examination opinion must be obtained to determine if the Veteran's current urinary disorder was caused by in-service complaints of urethritis and urethral discharge.

The Veteran's service-connected disabilities, including residuals of frost bite to multiple body parts, have resulted in a combined rating of 90 percent. The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities and the case is being referred for extraschedular TDIU consideration.

The Veteran's appeal was dismissed due to the death of the Veteran, and no jurisdiction remains for the merits of the case.

The Board has denied the Veteran's claim for service connection for disability manifested by chest pains, other than the service-connected muscle group XXI injury, as there is no evidence of a separate and distinct disability.

The Veteran's urinary incontinence due to chronic cystitis is currently rated at 20 percent, but does not warrant a higher rating as there is no evidence of the required frequency or use of absorbent materials.,The Veteran's Guillain-Barre syndrome with bowel incontinence is currently rated at 10 percent and does not warrant a higher rating due to lack of residuals attributable to the condition.

The Veteran's dysthymic disorder resulted in occupational and social impairment with reduced reliability and productivity, warranting a disability rating of 50 percent.

The Board finds that the appellant did not use any VEAP benefits during his original period of eligibility and does not meet the criteria for an extension of the deliminating period. Therefore, entitlement to educational assistance under Chapter 32, Title 38, United States Code is denied.

The Veteran's appeal has been withdrawn due to the grant of service connection for left femoral cutaneous neuropathy, effectively rendering the separate claim moot.

The Board determined that the appellant's other than honorable discharge was due to a period of AWOL exceeding 180 days, which is considered dishonorable for VA purposes and thus bars him from VA benefits based on this period of service.

The Veteran's right fifth finger disability has been manifested by complaints of pain; the limitation of finger function is not equivalent to amputation. The criteria for a higher rating have not been met.

The Veteran's left hip disability was rated at 20 percent prior to January 5, 2010. After undergoing total hip replacement surgery on that date, the rating was increased to 100 percent from February 5, 2010 to February 28, 2011 and then reduced back to 30 percent starting March 1, 2011.

The Veteran's claims for service connection for a TMJ disorder and a skin disorder are denied as there is no evidence of a current disability related to his active duty service or any service-connected condition.

The Board found that the retroactive termination of the Veteran's additional disability compensation benefits for a dependent spouse effective January 1, 2005 was proper.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas.

The Veteran's appeal is being remanded due to his request for a Board hearing. The case will be returned to the AOJ for further action.

The Board has determined that a chronic left hip disorder was not incurred in or aggravated by service and is not causally related to or aggravated by a service-connected disability. The Veteran's claim for service connection for a right knee degenerative joint disease is remanded as the most recent VA examination is over 67 months old.