Other conditions decisions — 2018

The Veteran's recurrent ulcer and cellulitis of the right lower extremity resulted in slight impairment, but did not meet the criteria for a compensable rating.

The Veteran's claims for increased ratings were denied. The Veteran was granted a 10 percent rating for sciatica of the right and left lower extremities effective July 1, 2014.

The Veteran's left eye disability is being remanded for further evaluation and a VA examination to determine if it resulted from the care provided at his VA medical center, including surgeries performed between February 2012 and August 2013. The issue of service connection will also be reconsidered.

The Veteran's claims for service connection for eye, throat or lymph nodes, hair loss, and skin rash disabilities are denied as there is no diagnosed radiogenic disease or evidence of radiation exposure during service.

The Board is remanding the case to determine if new and material evidence has been submitted to allow reopening of a determination regarding the appellant's character of discharge, which could affect their eligibility for VA benefits.

The Board has decided to remand the case due to the need for a medical opinion regarding whether the Veteran's colon and rectal cancer is related to his service, specifically exposure to herbicide agents in Vietnam. The decision also mentions that updated treatment records should be sought.

The Board has determined that the overpayment debt from February 1, 2009 to January 31, 2010 is valid and should be waived due to financial hardship. The remaining portion of the debt incurred from February 2010 to February 2014 is invalid.

The Board has remanded the issues of service connection for groin pain, a right arm disorder, and chest pain. The overpayment issue related to J.T.'s dependency status is also being remanded.

The Veteran's son, G.P., Jr., was found to be permanently incapable of self-support prior to the age of 18 due to his disabilities including autism and limited cognitive ability. The Board granted recognition as a helpless child.

The Board denied the Veteran's claims for service connection for left leg condition, left foot condition, and hammer toe of the right foot due to a lack of evidence linking these conditions to his active duty service.

The Board found that the Veteran's status as a fugitive felon during the period from November 13, 2003 to February 15, 2008 was valid and thus his VA compensation benefits were terminated. The appeal for waiver of overpayment is remanded.

The Board has determined that the Veteran's bilateral posterior subcapsular cataracts are at least as likely as not related to his in-service exposure to ionizing radiation, and thus service connection is granted.

The Board denied service connection for an allergic reaction to a vaccine, an eye disorder, and a liver disorder as there is no competent evidence of current diagnoses.

The Board denied service connection for a digestive disability, including bilharzia (schistosomiasis), because the evidence did not show that the disability was incurred in or etiologically related to active service. The Veteran submitted new private medical records showing gastritis and helicobacter pylori but this evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's active service was not considered qualifying for Chapter 33 (Post-9/11 GI Bill) education benefits due to his ROTC scholarship obligation. The Board denied the claim as he did not meet the legal requirements for a higher percentage rate.

The Veteran's claim for a compensable rating for inactive pulmonary tuberculosis residuals with scarring is remanded. The Board finds that the issue of service connection for a recurrent non tubercular pulmonary disability claimed as secondary to chemical gas warfare agent exposure is inextricably intertwined and must be addressed first.

The Veteran's claim for service connection for loss of teeth and gum disease secondary to medications prescribed for his lumbar spine disability was denied. The claims for increased ratings for the lumbar spine, right lower extremity radiculopathy, and epididymitis and prostatitis were also denied.

The Board has remanded the claims for service connection due to exposure to herbicide agents, as they were previously denied and then reopened with additional evidence. The case will be readjudicated in light of this new evidence.

The Board denied the Appellant's claim as she does not meet the legal criteria to establish status as the Veteran's surviving spouse for purposes of VA benefits.

The Veteran's right upper extremity nerve disorder is rated at 70 percent prior to March 1, 2016. The issue of entitlement to TDIU prior to March 1, 2016 is remanded.