Other conditions decisions — 2017

The Veteran's porphyria cutanea tarda is rated at 30 percent disabling, and the evidence does not support a higher rating as it did not require constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs.

The Veteran's service connection for a left leg condition, diagnosed as varicose veins, was granted. The Veteran is also awarded a TDIU from May 3, 2012 due to his service-connected disabilities.

The Board finds that the Veteran's spina bifida is not a disease or injury for which service connection may be granted, and there is no evidence of any additional disability resulting from his congenital condition being aggravated by military service.

The Board found that the overpayment was validly created due to administrative delay and not due to the Veteran's fault. The decision also determined that recovery of the $252.00 overpayment would be against equity and good conscience, as it would cause undue hardship for the Veteran.

The Veteran is granted an effective date of May 12, 1998 for his TDIU and DEA benefits due to service-connected right forearm disability. The earliest date within the one year period from March 29, 1999 (date of increased rating claim) when it was factually ascertainable that he could no longer work is considered.

The Board denied the Veteran's claims for service connection for a lung disorder and valley fever. The Veteran was previously denied service connection for his lung disorder in February 1994, but new evidence did not meet the materiality requirement to reopen this claim. For valley fever, there is no current diagnosis or treatment records indicating the presence of the condition.

The Veteran's filariasis/elephantiasis is related to his service in Vietnam, and he is granted service connection. His PTSD is rated at the highest available rating of 70 percent.

The Board has determined that the Veteran does not have a compensable dental disorder due to loss of substance of body of maxilla or mandible through trauma or disease such as osteomyelitis. The Veteran's loss of teeth is related to her moderate-to-severe periodontal disease and not due to loss of substance of body of maxilla or mandible.

The Veteran's claim for service connection for a bilateral foot condition, specifically blisters, was denied as there is no current diagnosed foot condition and the evidence does not support a link between his in-service blistering and any current disability.

The Veteran withdrew his service connection claim for colon polyps during the hearing. The remaining claims of service connection for bilateral upper leg condition and TDIU are remanded.

The Veteran's claim for service connection for colon cancer is being remanded due to insufficient consideration of the theory that it may be secondary to his service-connected prostate cancer.

The Board denied the appellant's claims for an earlier effective date for death pension benefits and for nonservice-connected burial benefits, finding that neither claim was received within one year of the Veteran's death.

The Veteran's varicose veins of the right lower extremity are service-connected, but there is no evidence of varicose veins in his left leg. The Board denied all other claims on appeal.

The Board denied service connection for brain cancer, finding that the condition was not incurred in or related to service and is not a result of any service-connected disability.

The Veteran's service-connected reactive airway disease is shown to be productive of complaints that include shortness of breath, wheezing and coughing, but not pulmonary function testing showing FEV-1 of 40 to 55 percent predicted; FEV-1/FVC of 40 to 55 percent. The Veteran's disability does not meet the criteria for an initial evaluation in excess of 30 percent.

The Veteran's burn scar of the right hand and thumb was initially rated 10 percent prior to September 10, 2013. The rating was increased to 20 percent thereafter.

The Board has ordered a remand to obtain additional medical records and to schedule the Veteran for a VA examination. The purpose of the examination is to determine if the Veteran's current sleep disorder(s) are causally or etiologically related to his last period of active military service (June 1986 to July 2007).

The Veteran's appeal was denied as the evidence did not support a higher rating for his service-connected residuals of fractured mandible or bilateral TMJ pain.

The Veteran's appeal is being remanded for additional development, including a new VA examination to determine the nature and etiology of any diagnosed jaw condition. The case will be returned to the Board after this development.

The Veteran's service-connected gastrointestinal disorder is found to be related to his military service and has been granted.