Other conditions decisions — 2017

The Veteran's post-phlebitic syndrome of the left and right lower extremities was rated at 40 percent each from June 13, 2012, forward.

The Veteran's residuals of a broken left foot bone are rated at 30 percent, which is the highest rating available under Diagnostic Code 5284. The TDIU issue has also been granted.

The Veteran does not have a current disability of bilateral vision loss related to service. His vision was normal at the time of his entrance and separation from service, and there is no evidence of any vision problems during service or in the years following service.

The Veteran's service-connected insufficient sphincter control with bowel incontinence has rendered him unable to secure and maintain substantially gainful employment due to the severity of his disability.

The Veteran's bilateral hand tremors were incurred during active duty service and the Board has granted service connection for this condition. The gynecological disorder manifested by an abnormal pap smear is also considered to be related to her service, but further clarification on recurrence or permanent resolution of these conditions is needed.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and a letter from Dr. Rall.

The Board has granted service connection for the Veteran's bilateral leg disability, including residuals of cold injury and blood clots. The decision is based on direct service connection as there was no evidence to support a presumption or secondary service connection.

The Board found that the Veteran's skin cancer, diagnosed as basal cell carcinoma and squamous cell carcinoma, was not incurred or aggravated by his active service. The Board concluded that there is no evidence of a nexus between the development of these cancers and any in-service exposure to herbicide agents (Agent Orange) or other chemicals.

The Board has remanded the case due to issues with scheduling a hearing for the Appellant, and the issue of whether she is entitled to be recognized as the surviving spouse of the Veteran.

The Board found that the Veteran's gynecological disorder, including menstrual cramps and dysmenorrhea, is not related to her active military service.

The Board has determined that the Veteran does not meet the income requirements for nonservice-connected pension, and thus denied the claim.

The Veteran's claim for service connection for right ear disability, including tinnitus, is being remanded due to the need for a new VA examination to address her reported symptoms and diagnoses.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that glioblastoma multiforme was not related to his service or herbicide exposure.

The Veteran's overpayment of $49,798.00 in nonservice-connected pension benefits is waived due to the lack of undisclosed income and no evidence of fraud or bad faith.

The Board has determined that the VA examination and opinions are inadequate, and thus remands the case for additional development.

The Board has determined that the Veteran's hairy cell leukemia is presumptively linked to his exposure to mustard gas in a full-body chamber during service, and thus grants service connection for this condition.

The Board has determined that the Veteran's pan bronchiolitis and chronic lymphocytic leukemia are related to his military service, including exposure to herbicides in Thailand. The conditions have been granted as presumptively connected due to Vietnam-era herbicide exposure.

The Board has determined that the appellant meets the criteria to be recognized as the deceased Veteran's surviving spouse for the purpose of establishing eligibility for VA death benefits.

The Veteran's appeal is being remanded due to a request for a videoconference Board hearing. The earlier effective date issue remains pending and will be reviewed with consideration of all applicable laws and regulations.

The Board determined that the Veteran's income in 2008 exceeded the means test threshold, and thus his eligibility for copay exemption was changed from copay exempt to copay required. The appeal is denied.