Other conditions decisions — 2017

The Veteran's PTSD is rated at 70 percent, effective May 14, 2008. The claim for TDIU prior to August 28, 2013, is denied.

The Board found that the veteran's active service as a Merchant Marine was less than 90 days, thus not meeting the eligibility criteria for basic entitlement to nonservice-connected disability pension benefits.

The Board found that the cause of death was metastatic rectal adenocarcinoma, but there is no evidence to support a diagnosis of lung cancer as the cause of death. The Veteran's service connection claim for rectal cancer due to Agent Orange exposure remains denied.

The Board has reopened the appellant's claim of entitlement to recognition as the Veteran's surviving spouse for purposes of VA death benefits due to new and material evidence. However, the criteria for recognition have not been met.

The Veteran's step-daughter, Z. H., is not considered a helpless child for the purposes of DIC, death pension, and accrued benefits due to her marriage being terminated by death in January 2008, which occurred after November 1, 1990.

The Veteran's right hallux limitus/extensus status post bunionectomy and degenerative joint disease of the right first and second metatarsophalangeal joints have been granted a rating of 20 percent, effective from December 1, 2004.

The Board has determined that the Veteran's left radial nerve paresthesia is not related to his military service or any service-connected disability, and thus denied his claim for service connection.

The Board found that the cause of death, acute lymphocytic leukemia (ALL), was not related to service or presumed exposure to herbicide agents. The examiner concluded that ALL is a separate condition from presumptive Agent Orange conditions and did not develop during service.

The Veteran's claim for service connection for colon cancer, including metastatic cancer of the lymph nodes is granted due to exposure to herbicide agents in Thailand. The claims for an enlarged spleen and cirrhosis of the liver are dismissed as the Veteran withdrew them.

The Board has ordered a VA gout examination and requested additional medical records. The Veteran's claim for service connection for gout is being remanded due to the lack of an appropriate opinion regarding whether his gout arose in service or is otherwise related to service.

The Veteran's left knee disability, specifically chondromalacia patella and ACL repair, has been rated as 10 percent disabling. The Board finds that the evidence does not support a higher rating based on current range of motion findings.

The Board has remanded the case for further development, including a new VA examination and obtaining updated VA treatment records. The Veteran's claim of entitlement to an evaluation in excess of 20 percent for residuals of a left meniscectomy is now before the Board.

The Board found that the Veteran's skin disorder of the right foot did not have its onset in active service or is otherwise related to active service, and therefore denied his claim for service connection.

The Veteran died in April 2007 and the appellant applied for non-service-connected burial benefits. The claim is denied as the Veteran was not receiving VA compensation or pension at the time of his death, did not have a pending claim, and there is no evidence that he would have been entitled to VA compensation if not for receipt of military retired pay.

The Board found that the Veteran's bowel incontinence, bladder incontinence, and sexual dysfunction were not caused by VA carelessness, negligence, or error. The additional disability was not proximately caused by VA fault.

The Board has determined that the Veteran's squamous cell carcinoma of the tonsil is at least as likely as not related to his military service, including presumed exposure to Agent Orange. As such, the claim for service connection is granted.

The Board has determined that the Veteran's narcolepsy/idiopathic hypersomnia disability is currently rated at 80 percent, and no higher. The evidence does not support a finding of major seizures or other conditions warranting an increased rating.

The Board determined that the appellant's character of discharge from service was not based on willful and persistent misconduct, thus finding it to be otherwise honest, faithful, and meritorious. The Board granted the appeal as his character of discharge does not constitute a bar to VA benefits.

The Board denied the Veteran's claim for service connection for alcohol dependence and a personality disorder, finding that it was decided on the merits without any presumption or new evidence.

The Board has restored the previously assigned 10% ratings for sensory deficit of each lower extremity, effective September 9, 2010. The Veteran's claim for service connection for PTSD is remanded to issue a Statement of the Case.