Other conditions decisions — 2018

The Board has determined that a 70 percent rating is warranted for the Veteran's adjustment disorder with depressed mood for the period prior to May 17, 2017. However, a higher than 70 percent rating is denied for any portion of the period of the claim.

The Board found that there is no current diagnosis of a hernia disability and thus denied the claim for service connection. For TDIU, the Veteran's combined disability rating was not sufficient to meet the schedular requirements, and he did not provide evidence showing his unemployability due to service-connected disabilities.

The Board has remanded the Veteran's claim for entitlement to service connection for an eye disability due to inadequate medical opinion and need for further development.

The Board found that the Veteran's genitourinary cancer, including cancer of the ureter and bladder, did not manifest in service or to a compensable degree within one year after separation from service. There is no probative evidence linking his cancers to his service, to include as due to herbicide exposure.

The Board has determined that the Veteran's DJD, arthritis, and IVDS of the lower back are etiologically related to his military service.

The Board denied the Veteran's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 for additional eye disability as a result of VA surgical treatment in 1997 and 1998, finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.

The Board has determined that the Veteran's disability manifested by impaired vision, to include an eye disorder, was not incurred as a result of active service and therefore denied his claim for service connection.

The Board found that the Veteran's right knee disability did not meet or approximate the criteria for a higher rating, as his symptoms were limited to decreased motion and pain without more severe functional impairment.

The evidence does not support a finding that the Veteran's current right hip disorder is directly related to his period of service or secondary to his service-connected knee disabilities.

The Veteran is granted an effective date of December 12, 2016 for a 60 percent rating for urinary incontinence associated with degenerative arthritic changes, L5-S1.,An earlier effective date for the higher level of SMC based on aid and attendance is not warranted.

The COWC granted a waiver of the remaining overpayment, so the Veteran is not responsible for repaying it. As the benefit currently being sought on appeal (waiver of overpayment) is already in effect and moot, the appeal is dismissed.

The Veteran's claim for a higher rating for his prostatitis was denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to April 22, 2015 and 40 percent from that date onwards. His TDIU on a schedular basis was also denied.

The Veteran seeks an effective date prior to October 1, 2010 for the grant of service connection for peripheral arterial disease (PAD) of the right lower extremity associated with coronary artery disease (CAD).,The Veteran also seeks an effective date prior to October 1, 2010 for the grant of service connection for PAD of the left lower extremity. The RO granted service connection on a secondary basis based on the June 2011 VA examination finding that the PAD was related to his already-service connected coronary artery disease (CAD).

The Veteran's Barrett's esophagus was not shown to be related to his active service or presumed herbicide exposure. The Board denied the claim for service connection as there is no evidence of a current disability during service or within one year after separation, and no competent medical opinion linking the condition to service. For SMC, the Veteran did not meet the criteria as he was able to perform daily activities without regular aid and attendance.

The Board has determined that the Veteran does not have a current diagnosis of conjunctivitis or hernia (including residuals) and thus, service connection for these conditions is denied.,Regarding skin conditions of the hands and face and legs and feet, the Veteran's private treatment records indicate ongoing symptoms since active service. The VA examiner will be asked to provide an opinion on whether these conditions are at least as likely as not related to service.

The Veteran's claim for a permanent and total disability rating was received on March 7, 2011. The effective date is set to this date as the evidence did not show that the impairment was reasonably certain to continue throughout his life or that there was no expectation of future improvement.

The appeal has been dismissed due to the death of the appellant.

The Board has determined that the Veteran's squamous cell carcinoma of the left neck with unknown primary is at least as likely as not caused by his in-service exposure to herbicide agents, specifically Agent Orange. As a result, service connection for this condition is granted.

The Board found that the Veteran's post-surgical residuals were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care. The Veteran experienced no additional disability related to his 2012 laparoscopic hemicolectomy.

The Board has decided that a remand is necessary to address the Veteran's service-connected gallbladder disability and whether other gastrointestinal Diagnostic Codes should be considered.