Other conditions decisions — 2016

The Board found that the Veteran's discharge from military service was characterized as 'other than honorable' due to violations of Article 86, UCMJ (unauthorized use of marijuana) during both periods of service. As a result, his character of discharge constitutes a bar to VA benefits.

The Veteran's degenerative disease of the thoracic spine from T-5 through T-8 is currently manifested by forward flexion to at least 70 degrees, and total range of motion in excess of 120 degrees; without symptoms of guarding, muscle spasm, or evidence of IVDS. Therefore, his disability does not warrant a rating higher than the current 10 percent.

The Veteran's service-connected right homonymous hemianopsia does not meet the criteria for automotive and adaptive equipment or for adaptive equipment only due to her visual impairment.

The Board has remanded the case for additional development, including obtaining medical records and providing a new examination to address the etiology of the Veteran's gastrointestinal disorder. The appeal is currently in remand status.

The Board has determined that there is no evidence to support a finding that the Veteran's basal cell carcinoma of the left inner eye began during his military service or was caused by his service, specifically exposure to herbicides. As such, the claim for service connection is denied.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantial gainful employment for the entire period on appeal.

The Board found that the Veteran's service-connected PTSD did not cause or significantly contribute to his dementia, which was listed as the immediate cause of death.

The Board denied the appellant's claim for basic legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of verifiable service as a member of the Philippine Commonwealth Army, including the Recognized Guerrillas, in the service of the United States Armed Forces.

The Board has determined that new and material evidence was received to reopen the claim of entitlement to service connection for skin cancer of the head, face, neck, arms, and chest. The Veteran's currently diagnosed recurrent basal cell and squamous cell carcinoma is found to be related to his in-service sun exposure.

The Veteran's pancreatitis is found to be a result of his service-connected ulcers, partial gastrectomy and vagotomy with anemia.

The Board found that the April 2002 rating decision denying service connection for a heart murmur was not clearly and unmistakably erroneous, as the correct facts were before the RO at the time of the decision and the statutory or regulatory provisions extant at the time were correctly applied.

The Veteran contests the validity of an overpayment in the amount of $8,169.67 due to his incarceration and is seeking a review by the Board.

The Board has been notified that the Veteran wishes to withdraw his appeal regarding whether a substantive appeal (VA Form 9 or equivalent) was timely filed.

The Veteran does not have a currently diagnosed left foot ganglion cyst or residuals thereof, and the right inguinal hernia and scrotal cyst were present at service entry. The Board finds that there is no evidence of current disability for these conditions.

The Veteran's spouse changed her course of study, which ended her Dependents' Educational Assistance (DEA) benefits.

The Board has determined that the Veteran's current diagnosis of acute intermittent porphyria is aggravated by his service-connected PTSD, and thus grants service connection for this condition on a secondary basis.

The Veteran's claim for service connection for multiple myeloma was denied as the evidence did not support a finding that his condition had its onset during or within one year of service, and it was not caused by service. The Board found no link between the Veteran's exposure to toxins in service and his current condition.

The Veteran's appeal is still pending as the issue of whether new and material evidence has been received to reopen a claim for service connection for a colon disability, to include as due to service-connected PTSD, needs to be addressed before the Board can decide the present issue.

The Board has determined that the Veteran's De Quervain's tenosynovitis is caused by her service-connected back disability and granted service connection for this condition.

The Board has awarded a 40 percent rating for left breast cancer residuals, effective September 7, 2010. The Veteran's condition approximates a modified radical mastectomy with removal of the entire breast and axillary lymph nodes (in continuity with the breast) while pectoral muscles are left intact.