Other conditions decisions — 2017

The Board has determined that there is no evidence of a current diagnosis of multiple myeloma and the Veteran's service-connected conditions do not meet the criteria for service connection due to radiation exposure. The claim for service connection for multiple myeloma is denied.

The Veteran's pleural plaques due to asbestos exposure have worsened since his last VA examination, and a new VA examination is needed to determine the current severity of his disability.

The Veteran's service treatment records show extensive dental issues, but the Board finds no evidence of a current compensable dental disorder for VA compensation purposes.

The Veteran's ductal breast cancer is found to be at least as likely as not caused by his in-service exposure to Agent Orange, and service connection for the condition is granted.

The Veteran's appeal is remanded for additional development, including scheduling a VA examination to assess the current severity of his service-connected peripheral vascular disease and obtaining updated VA treatment records.

The Board has determined that the Veteran's symptoms of chest pain, shortness of breath, fatigue, night sweats, and weight loss are related to her service in the Southwest Asia Theater during the Persian Gulf War. These conditions are presumed to be due to an undiagnosed illness.

The Veteran's claim for an initial compensable evaluation for herpes prior to December 3, 2008 was denied. From December 3, 2008 onwards, his claim for a rating in excess of 60 percent for herpes was also denied.

The Board denied the Veteran's claim for service connection for post-operative residuals of a neck tumor, finding that there was no evidence to support a link between his current condition and his military service. The Board also noted that the cancer did not manifest within one year of service.

The Board has remanded the case for further development due to additional VA medical records being associated with the claims file. The Veteran's claim for a rating in excess of 10 percent for hyperkeratosis of the bilateral heel will be reconsidered.

The Board denied the claim for an earlier effective date for service connection for the cause of the Veteran's death, finding that since the grant was based on a liberalizing regulation adding colon cancer to presumptive diseases associated with radiation exposure, no earlier effective date is possible.

The Board has determined that the Veteran does not have a currently diagnosed dental disorder for which VA compensation may be paid, and thus service connection is denied.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being referred to the Director of VA's Compensation and Pension Service for extraschedular consideration due to his service-connected disabilities.

The Veteran's chronic skin rash does not meet the criteria for a higher evaluation as it has not affected more than 20% of his entire body or exposed areas, nor has it required systemic therapy such as corticosteroids or immunosuppressive drugs.

The Veteran's service-connected stress fracture of the left 3rd metatarsal is currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 5284. The Board finds that his disability does not warrant a higher rating as there is no evidence of actual loss of use of the foot or any other condition that would justify an increased rating.

The Board denied the Veteran's claims for service connection for a back disability and an initial compensable rating for status post pulmonary embolism prior to August 28, 2014. The claim for a higher rating than 60 percent for status post pulmonary embolism from August 28, 2014 was also denied.

The Veteran's countable annual income, after excluding medical expenses, exceeds the maximum annual pension rate for improved pension benefits with special monthly pension due to the need for regular aid and attendance. Therefore, his claim must be denied as a matter of law.

The Board has determined that the Veteran's lung/respiratory disability, including chronic obstructive pulmonary disease, emphysema, asthma, and bronchitis, is not service-connected. The claim for an initial rating in excess of 10 percent for lumbar back strain was also denied.

The Board has granted a 30 percent rating for the Veteran's service-connected residuals of right foot surgery, which is the maximum schedular rating available under Diagnostic Code 5284. The Veteran's Morton's neuroma was separately rated at 10 percent.

The Board has remanded the case for additional development due to a need for an addendum opinion regarding whether the Veteran's peripheral vascular disease of the bilateral lower extremities is related to his military service or any incident therein. The claim will be readjudicated after the development is completed.

The Board has determined that the Veteran's preexisting bilateral flat foot condition did not become aggravated by his active service, and therefore, he is not entitled to service connection for this disability. For his claim of service connection for bilateral keratoconus, the Board finds that an addendum opinion is needed from the examiner who conducted the January 2017 VA examination.