Other conditions decisions — 2018

The Board has determined that the Veteran's right thumb injury does not warrant a higher rating than 10 percent, and his claim for TDIU is granted.

The Board has reopened the Veteran's previously denied claim of entitlement to service connection for a sinus disorder and is granting this claim.

The Veteran's subchondral sclerosis of the left knee with osteophyte and effusion is rated at 10 percent, but does not meet the criteria for a higher rating based on limitation of motion or instability.

The Board has ordered a remand to obtain an updated medical opinion regarding the cause of the Veteran's bilateral lower extremity peripheral arterial occlusive disease, specifically whether it is at least as likely as not related to exposure to herbicide agents in Vietnam. The appeal will be returned to the AOJ for further review.

The Veteran's meniscus complications and degenerative joint disease of the left knee are granted separate evaluations, with a maximum rating of 20 percent for each condition.

The Veteran's adenocarcinoma of the prostate gland has been rated at 60 percent since November 1, 2009. The Board found that the residuals do not meet criteria for a higher rating as there is no local recurrence or metastasis and urinary leakage requiring absorbent materials changed more than four times per day.

The Veteran's right and left shoulder impingement syndrome, rotator cuff tendonitis, and glenohumeral-acromioclavicular joint osteoarthritis have been rated at 20 percent for the entire appeal period. The VA has denied a higher rating as his symptoms do not warrant an increase in disability ratings.

The Veteran's claim for service connection for ALS was received on June 8, 2017. As the effective date must be fixed to the later of the date of receipt of his claim or the date on which the entitlement first arose, and in this case, the proper effective date is the date on which the claim was received, June 8, 2017.

The Veteran's claims for service connection for lymphatic cancer and myasthenia gravis, both claimed as due to exposure to herbicides and mosquito spray, were denied because the evidence did not establish a link between these conditions and his military service or exposure to herbicides.

The Board denied the veteran's claim for a one-time payment from the FVEC Fund due to lack of qualifying service in the Philippine Commonwealth Army, including recognized guerrillas. The NPRC certified that the veteran had no such service.

The Board denied an initial compensable rating for left epididymitis, finding that the condition did not warrant a higher rating based on its symptoms and treatment history.

The Veteran's ITP with residuals of spleen removal is remanded for additional development, including a new VA examination to determine if it is at least as likely as not related to herbicide agent exposure.

The Board denied the Veteran's request to revoke his election of benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program, effective October 30, 2013. The decision stated that the Veteran made an irrevocable election and is ineligible for revocation.

The Board has decided that the Veteran's service status needs to be verified and that there is an unclear portion of his medical expenses covered by Medicare. The case is being sent back for these issues to be resolved.

The Veteran's claim for a higher rating for arthritis of the right shoulder is remanded due to inadequate examination findings. The case will be reviewed and any new evidence considered.

The Board denied the waiver of recovery for overpayment of VA Post-9/11 GI Bill (Chapter 33) educational assistance benefits in the amount of $2,200.76 due to a valid debt being created after January 28, 2013.

The Veteran's private medical expenses for emergency treatment at St. Elizabeth's Hospital in Kentucky on March 6, 2014 are granted as the condition was of such a nature that delay would have been hazardous to life or health and VA facilities were not feasibly available.

The appeal is dismissed due to the appellant's death, and no decision on the merits of the claim can be made.

The Veteran's actinic keratosis is related to sun exposure during service, and the Board has granted service connection for this condition.

The Board has decided to remand the case due to the need for updated VA treatment records and a current VA aid and attendance examination.