Other conditions decisions — 2017

The Board granted a disability rating of 30 percent for the Veteran's gastrointestinal disorder, effective January 28, 2004.,An earlier effective date of January 28, 2003, was also granted for the Veteran's service-connected gastrointestinal disorder.

The Board finds that the Veteran's cardiovascular disability, to include CAD, did not manifest in service or within one year of separation and is not otherwise related to his military service. The Veteran was not exposed to herbicide agents during his service. Therefore, service connection for a cardiovascular disability cannot be granted.

The Veteran withdrew his appeals for the issues of entitlement to service connection for benign moles and a right shin disability.

The Veteran's service connection claim for chronic lymphocytic leukemia, claimed as B-cell leukemia, due to herbicide exposure was denied because there is no evidence of actual duty or visitation in the Republic of Vietnam. The Board found that the Veteran did not have a valid claim based on herbicide agent exposure.

The case is being remanded for the appellant to provide a copy of his military court-martial order, and then VA will review the appeal.

The Veteran's aortic valve replacement, with scars and history of insufficiency, was rated at 30% from January 1, 2011 to December 7, 2015. After the temporary total evaluation ended, his METs levels were found to be greater than 3 but not greater than 5 METs, warranting a 60% rating.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection for squamous cell carcinoma of the right ear and chronic ear infection.

The Veteran's claim for an initial compensable evaluation for calluses of bilateral feet was denied. The Board found that the evidence did not support a finding of service connection for an acquired psychiatric disorder or alcohol abuse secondary to such a disorder.

The Veteran is entitled to an effective date of April 13, 2011 for the grant of nonservice-connected pension with aid and attendance benefits due to his permanent and total disability resulting from a home accident on that date.

The Board denied the Veteran's claim for an effective date prior to April 26, 2011 for service connection of non-Hodgkin's lymphoma. The decision stated that the Veteran did not provide sufficient information in his earlier claims to identify relevant service department records and thus VA could not have obtained them.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's diagnosed cerebellar ataxia had its onset during service or was otherwise causally related to his active service. Service connection for cerebellar ataxia is granted.

The Board has granted service connection for bilateral testicular hydroceles and a hepatic cyst, finding that these conditions were incurred during active duty service.

The Veteran's multiple service-connected disabilities, with at least one rated at 40 percent or more and sufficient additional disability to bring the combined rating to 70 percent or more, meet the criteria for a TDIU. The Board has granted this claim.

The Board has decided to remand the case for additional development, including obtaining relevant medical records and providing a medical opinion regarding the relationship between the Veteran's service and his diagnosed rectal cancer.

The Board denied the appellant's claims for benefits under 38 U.S.C.A. § 1805 or § 1815, finding that she is not entitled to compensation as her mother did not serve in Vietnam and does not have spina bifida.

The Board finds the Veteran's testimony credible and that VA's interpretation of VRAP benefits allowed a change in program. Therefore, the denial of VRAP benefits due to a change of program was not valid.

The Board has determined that the appellant does not meet the legal criteria to establish status as the Veteran's surviving spouse for purposes of VA benefits, including DIC, death pension based on dependency status, and accrued benefits.

The Veteran's appeal is remanded due to issues related to the overpayment of nonservice-connected pension benefits for a specific period. The case will be returned to the Board for further action.

The Veteran's right ankle disability, which includes a pott's fracture, arthritis, and bony spurring, is currently rated at 10 percent under Diagnostic Code 5271 for moderate limitation of motion. The Board has determined that this rating is appropriate based on the evidence provided.

The Veteran's claim for an automobile or other conveyance and adaptive equipment, or for adaptive equipment only is granted due to permanent loss of use of his left upper and lower extremities. The Veteran's claim for a higher level of SMC in excess of the level payable at 38 U.S.C.S. � 1114(l) is also granted.