Other conditions decisions — 2016

The Board has determined that the Veteran's left and right lower extremity disabilities, including pain, are considered to have been incurred in his Persian Gulf War service.

The Veteran's service-connected spondylosis has rendered him unable to secure or follow substantially gainful employment due to its impact on his ability to sit, stand, and perform almost any task.

The Veteran's appeal is being remanded to the Department of Veterans Affairs (VA) Regional Office in Muskogee, Oklahoma for further development and consideration. The appellant seeks a benefit payment rate in excess of 60 percent for educational assistance under Chapter 33 of Title 38 of the United States Code (Post-9/11 GI Bill).

The Board has ordered the case back to the AOJ for further development due to conflicting information regarding the appellant's last date of attendance at a school. The overpayment claim will be reconsidered with the relevant laws and regulations pertaining to Chapter 30.

The Veteran's abdominal uterine bleeding disorder was first diagnosed during service, and the Board grants service connection for this condition.

The Board has ordered a remand to obtain an addendum opinion from a VA examiner regarding the etiology of the Veteran's right eye conditions, other than cataracts. The case is also being remanded for obtaining any outstanding treatment records and for providing additional development as requested.

The Board has remanded the case for a new VA examination to address whether the Veteran's left hip degenerative joint disease is related to his service-connected lumbar spine condition, radiculopathy of the lower extremities, and/or degenerative arthritis of the knees. The examiner must provide opinions on causation and aggravation.

The Veteran's cause of death was identified as cardiac tamponade due to pulmonary embolism, which is not service-connected. The Board finds that the Veteran's service-connected conditions did not contribute substantially or materially to his death.

The Veteran withdrew his appeal regarding the issue of entitlement to a rating in excess of 10 percent for lower back strain.

The Board has remanded the case for further development and consideration of the evidence submitted by the Veteran.

The Veteran's spouse is not eligible for an extension of the delimiting date beyond January [redacted], 2009, for DEA benefits under Chapter 35 due to the passage of time and lack of a qualifying disability preventing completion of education.

The Veteran's fallopian tube obstruction with infertility is rated at 30 percent, the highest possible rating under DC 7614.

The Board has reopened the Veteran's claim for service connection due to new and material evidence. The Veteran is presumed exposed to Agent Orange during his Vietnam service, and there is some evidence supporting a link between IgG deficiency and exposure to Agent Orange. Therefore, the Board finds reasonable doubt in favor of the Veteran's claim for common variable immune deficiency with shortages in IgG antibodies.

The Board has remanded the case to the RO for consideration of new evidence, including a statement from the Veteran and a medical expert opinion obtained by the Board.

The Board found no medical evidence linking the Veteran's neurological disorders to his period of service, including herbicide exposure. The earliest reliable reports of symptoms began in the 1990s and were not diagnosed until 2006.

The Veteran's initial rating for left thumb laceration with nerve involvement residuals is granted at 20 percent, and his initial compensable rating for a left thumb scar is granted.

The Board denied the Veteran's claim for an earlier effective date for his TDIU, finding that the July 2011 rating decision was not based on clear and unmistakable error (CUE). The effective date of February 4, 2009 was assigned because it was the first date the Veteran met the schedular criteria for a TDIU.

The Board found that the Veteran's epiphora and facial disfigurement and numbness are not as likely as not caused by VA carelessness, negligence, or lack of proper skill. The events were considered reasonably foreseeable.

The Board has determined that the Veteran's respiratory disorder is not related to service and therefore denied his claim for service connection.

The Veteran's service-connected disabilities did not substantially contribute to his employment impairment and he was able to maintain sedentary employment within his desired field. He is therefore deemed not in need of VR&E benefits for the specified period.