Other conditions decisions — 2016

The Veteran's varicose veins of the right and left lower extremities have been rated as 20 percent disabling prior to April 19, 2016, and 40 percent thereafter. The Board has determined that staged ratings are warranted for these conditions.

The Veteran's stroke is not considered to be due to VA care, treatment or examination. The Board finds that the event was reasonably foreseeable.

The Veteran does not have a current diagnosis of a rash on his left thigh that is related to service or any service-connected condition.

The Veteran's appeal has been dismissed as the appellant (represented by an attorney) has withdrawn their appeal.

The Board has granted service connection for tendinopathy of the small digit of the left hand, but denied a compensable rating.

The Board denied the Veteran's claims for service connection of a skin disorder and for referral for extraschedular consideration for PTSD. The Board found that there was no evidence linking the current skin condition to service, including Agent Orange exposure, and that the Veteran's claim for an extra-schedular rating for PTSD did not meet the criteria.

The Veteran's death was caused by metastatic esophageal cancer, which the VA examiner concluded was not related to his service or exposure to herbicides. As a result, the claim for service connection for the cause of the Veteran's death is denied.

The Veteran's skin disability, rated as 100 percent for PTSD, is now rated at 60 percent from March 2, 2003 to November 12, 2009. SMC under 38 U.S.C. § 1114(s) is granted during this period.

The Board has remanded the case for further development, including a new VA examination to assess whether the Veteran's service-connected disabilities make him unable to secure or follow substantially gainful employment.

The Board has remanded the case due to incomplete records and need for a more contemporaneous VA examination.

The Board finds that the appellant did timely file a substantive appeal to the September 2007 rating decision denying an earlier effective date for the award of a 20 percent rating for residuals, old fractures, right patella. However, the claim for an earlier effective date prior to December 7, 2005 is denied as there is no evidence showing that the Veteran's disability worsened in the year before the claim was filed.

The Veteran's claim for increased ratings for his service-connected chondromalacia patella knee disabilities is being remanded due to the need for additional examinations and updated VA treatment records.

The Veteran is seeking an effective date prior to April 9, 2014 for the grant of TDIU due to service-connected disabilities. The case must be remanded as there are missing records regarding his employment history.

The Board found no clear and unmistakable error in the December 1954 rating decision that granted a disability evaluation of 10 percent for a left ring finger amputation. The Veteran's condition was evaluated based on the applicable criteria at that time.

The Veteran's appeal is remanded due to the need for a Travel Board hearing at his local VA office.

The Board denied an earlier effective date for dependent benefits for the Veteran's wife, J.B., finding that the claim was received more than a year after the event and thus not warranting a special provision application. The effective date is set as November 30, 2011.

The Veteran's claim for waiver of recovery of an overpayment of $25,013.27 due to his incarceration and resulting reduction in VA compensation benefits was denied as there is no indication of fraud, misrepresentation or bad faith on the part of the Veteran. The Board found that collection would not defeat the purpose of the benefit, cause undue financial hardship, result in unfair enrichment, or change positions to detriment.

The Board has determined that the Veteran did not serve in Vietnam and there is no evidence of herbicide exposure. Therefore, service connection for multiple myeloma on a secondary basis to Agent Orange exposure cannot be granted.

The Veteran's appeal for a disability rating in excess of 10 percent for duodenal ulcer has been dismissed due to the death of the appellant.

The Veteran's interstitial lung disease is found to be etiologically related to his service in Vietnam, specifically exposure to Agent Orange. Service connection for this condition is granted.