Other conditions decisions — 2018

The Board has granted service connection for IBM and SMC based on the need for aid and attendance of another person. The Veteran's condition is related to his active duty service, and he requires regular assistance with daily activities.

The Veteran's appeal for an annual clothing allowance has been withdrawn, resulting in the dismissal of his case.

The Veteran's appeal for an earlier effective date for service connection for thoracic spine disability with degenerative changes has been withdrawn. The remaining issues of a higher initial rating and TDIU are addressed in the REMAND portion.

The Veteran's medial nasal pterygium of the right eye, status post excision without recurrence, is productive of recurrent nasal pterygium and conjunctivitis with objective findings. The Board has granted an initial rating of 10 percent for this condition.

The Veteran's claims for service connection for a contusion of the left proximal humerus and a respiratory disorder, including as due to obesity, have been denied. The Board found no current disability related to these conditions.

The Board found that the Veteran's current acquired eye disabilities are not related to any in-service disease or injury, including his head injuries in service. The most persuasive medical opinion evidence of record reflects that the Veteran's vision problems in service and in the years since service are primarily associated with a refractive error/developmental defect.

The Board found that the overpayment of $7,946 plus accrued interest was validly created due to the Veteran's failure to report his retirement pension income. The appeal for waiver of recovery is remanded.

The Veteran's appeal for avitaminosis was withdrawn prior to the Board decision. The claim of service connection for anemia is denied as there is no current diagnosis or evidence linking the condition to active service.

The Board has granted a 10 percent rating for the fractured third metatarsal of the right foot, effective from February 1, 1997.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and a new examination to assess the severity of his service-connected meningitis residuals. The issue of entitlement to TDIU will also be addressed.

The Veteran's service-connected disabilities have not met the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a), and the criteria for referral for extraschedular consideration are not met, as the preponderance of the evidence is against a finding that the Veteran has been unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities.

The Veteran's service-connected transitional cell bladder carcinoma, status post transurethral resection, was granted an increased rating to 20 percent effective from January 1, 2015.

The Veteran's left knee condition, post-meniscectomy and reconstruction with degenerative joint disease, is currently rated at 30 percent. The Board finds that a higher rating of 40 percent is warranted for the period from April 12, 2012 to July 31, 2012 due to extension limited to 5 degrees.

The Board has ordered a remand due to the need for additional development of records, including private treatment records and VA records. The claim will be reconsidered after these records are obtained.

The Veteran's patellofemoral arthritis, left knee was granted a 30 percent evaluation effective June 22, 2017. The right knee received a 20 percent evaluation effective the same date.

The Board has determined that the Veteran's Gilbert's syndrome does not warrant an increased evaluation prior to February 2, 2016 and is currently rated as 10 percent disabling thereafter. The issue of entitlement to a TDIU due to service-connected disability remains pending.

The Board has remanded the Veteran's appeal due to inadequate examinations and requests for a new opinion from a specialist in neuromuscular disorders regarding his cramping disability. The case is now pending further development.

The Veteran's lung condition, diagnosed as asthma, is considered a qualifying chronic disability associated with his service in the Southwest Asia theater of operations during the Persian Gulf War. The Board has granted service connection for this condition based on presumptive service connection under 38 C.F.R. § 3.317.

The Board has determined that the Veteran's residuals of an inguinal hernia, status post-surgical repair, are not linked to his active service and denied his claim for service connection.

The Board has granted service connection for esophageal cancer and assigned a disability rating of 60 percent. The Veteran's claim for an increased rating in excess of 60 percent for ischemic heart disease is referred back to the AOJ for further action.