Other conditions decisions — 2016

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to evaluate his service-connected arthritis, multiple joints. The case will be returned to the Board after this additional development.

The Board found that the reduction in VA disability compensation due to concurrent receipt of active service drill pay for Fiscal Year (FY) 2010 was proper, based on the laws and regulations prohibiting concurrent receipt of active service drill pay and VA disability compensation.

The Board has dismissed the appeal regarding a claim to an effective date prior to October 29, 1993 for the grant of entitlement to service connection for the cause of the Veteran's death and entitlement to DIC benefits, as it is not allowed due to finality issues.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional treatment records. The issue of entitlement to a compensable rating for chronic nonsuppurative otitis media with deafness will be reconsidered.

The Board has found that the Veteran's AML is attributable to his exposure to Agent Orange during service, and thus grants the claim for service connection.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The issues of entitlement to an increased rating for postoperative residuals of an appendectomy and TDIU are also being addressed.

The Board found no nexus between the Veteran's current vision loss and his in-service exposure to thorazine, thus denying service connection for vision loss.

The Board found that the Veteran's prostate disability was not incurred during service and is unrelated to his service-connected lower back disability. The claim for service connection was denied.

The Board has determined that the Veteran's early menopause, hot flashes, and cold intolerance are not related to her service-connected benign right ovarian cyst or uterine fibroids. The hysteroscopy was performed for abnormal bleeding, which is a normal finding in perimenopausal women.

The Board has determined that the Veteran's facial denervation, sinus drainage, and ear and throat pain are likely due to post-surgical healing rather than VA negligence or lack of skill. Therefore, compensation under 38 U.S.C.A. § 1151 is granted for these conditions.

The Board has reopened the claim of service connection for RSD and remanded the issues regarding the rating for right ulnar and lateral cutaneous nerve neuropathy and residuals of a fracture of the medial epicondyle, right humerus.

The Board has determined that the debt of $8,429.83 was collected and there is no legal basis for payment.

The Board found that the Appellant's character of discharge was not based on offenses involving moral turpitude or willful and persistent misconduct, thus finding his discharge to be under honorable conditions. Therefore, his discharge is not considered a bar to VA benefits.

The Board has remanded the case for additional development, including a VA examination to determine the severity of the Veteran's service-connected gunshot wound disabilities and for further development related to his TDIU claim.

The Board has remanded the case for additional development, including obtaining medical records and service personnel records. The Veteran's current foot disorders are to be evaluated by a podiatrist who must consider the Veteran's statements regarding his symptoms and their onset.

The Veteran's claim for an initial compensable disability rating for residuals of exotropia at distance and near, status post bilateral lateral rectus resection was denied by the RO. The VA determined that his visual acuity is, at worst, correctable to 20/40 bilaterally, which does not meet the criteria for a compensable evaluation.

The Veteran's claim for an increased rating in excess of 30 percent for Crohn's disease is being remanded due to the need for a new VA examination and consideration of all relevant VA medical records.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's Merkel cell carcinoma and its residuals are related to his service, including exposure to Agent Orange during service in Vietnam. The skin disorders other than Merkel cell carcinoma have also been diagnosed but a VA examination is needed to determine their etiology.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before the Board.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.