Other conditions decisions — 2017

The Board has determined that the Veteran's jaw disorder, claimed as TMJ disorder, is not related to service and therefore denied his claim for service connection.

The Veteran's claim of service connection for ovarian cancer is denied as there is no evidence linking the condition to her active military service. The appeal regarding a rating reduction from 40 percent to 20 percent effective December 16, 2011, for a thoracolumbar spine disability was also denied.

The Board has determined that the Veteran's current right and left hip degenerative joint disease, which resulted in total hip arthroplasty of both joints, was not incurred or aggravated by service. The evidence does not support a finding of direct service connection.

The Veteran's left hallux disability is currently rated at 10 percent, which reflects the reported symptoms of pain, tenderness, aching and throbbing. The Board finds that this rating adequately captures the severity of his condition as no higher ratings are warranted given the current level of functional impairment.

The Board has determined that the Veteran's current skin disorder did not begin in service and is otherwise unrelated to service, including herbicide exposure.

The Board has identified incomplete records and is remanding the case for further development, including obtaining additional documentation related to the appellant's home loan guarantee application. The appeal will be readjudicated after these records are obtained.

The Veteran's right chest scar, residuals of a shell fragment wound to the right chest, is currently rated as 10 percent disabling. The Board has granted separate ratings for muscle groups II and III.

The Board has determined that the Veteran's pleural plaques and pulmonary fibrosis are not service-connected, as they are more likely related to his civilian career rather than his military service. The claim for bilateral hearing loss is also denied.

The Veteran is entitled to education program 'kicker' payments under the provisions of Chapter 33 due to his irrevocable election for Post 9/11 GI Bill educational assistance in August 2009. His September 1984 enlistment agreement with VEAP was provided under 38 U.S.C.A. § 3222 and became a Chapter 33 'kicker' in August 2009.

The appellant's cervical and lumbar spine disabilities have been rated based on their severity, with the highest possible rating for each condition. The total disability rating is effective from February 18, 2009.

The Veteran's right hand disability, manifested by pain and weakness, is currently rated at 10 percent under the appropriate diagnostic code. The condition does not meet criteria for higher ratings as there is no ankylosis or functional loss equivalent to amputation.

The Board has remanded the Veteran's claim for a video conference hearing, as requested by the Veteran. The appeal is not yet decided and will be handled in an expeditious manner.

The Board has remanded the case for additional development, including providing a new VA examination and obtaining medical opinions regarding the Veteran's heart disorder and skin condition. The claims will be reconsidered based on the newly obtained evidence.

The Board has determined that the Veteran's bone cancer of the right foot was not incurred during service or within one year of separation, and is not attributable to service.

The Board has determined that the Veteran's right hand disability was not incurred or aggravated by active service and did not manifest during service. The claim for service connection is denied.

The Board has remanded the case due to a lack of a copy of the September 2003 decision denying education benefits. The Appellant was not eligible for education benefits based on Department of Defense records, but further details are needed.

The Veteran's pes cavus, hammer toes, hallux valgus deformity, and Morton's neuroma have been found to more nearly approximate the criteria for a disability rating of 50 percent for service-connected bilateral foot disability.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of his TDIU claim.

The Veteran's pancreatitis with pancreatic pseudocyst is found to be aggravated by his service-connected diabetes mellitus. The Veteran also meets the criteria for a TDIU based on his service-connected disabilities of diabetes mellitus and peripheral neuropathy of the bilateral upper and lower extremities.

The Board has granted effective dates prior to September 20, 1999 for the grant of TDIU and DEA benefits based on service-connected right forearm disability.