Other conditions decisions — 2018

The Veteran's appeal for increased ratings for radiculopathy of the right and left lower extremities has been withdrawn. The case is now pending for a new decision.

The Veteran's intervertebral disc syndrome (IVDS) has not been shown to meet the criteria for a rating in excess of 20 percent prior to May 16, 2016 or 40 percent from May 16, 2016.

The Board has determined that the Veteran's claims for residuals of lead poisoning and malaria are not supported by evidence showing a link to his military service.

The Board has remanded the case for additional development due to incomplete information provided by the Veteran regarding his spouse's income and net worth, which is necessary to properly decide his application for nonservice-connected pension benefits.

The Veteran's esophageal cancer is being remanded for further examination and opinion to determine if it is at least as likely as not related to his presumed in-service exposure to Agent Orange.

The Veteran's unauthorized medical expenses incurred during private treatment at Conemaugh Memorial Medical Center from December 19, 2015 to December 21, 2015 are denied as VA facilities were feasibly available and an attempt to use them beforehand would have been considered reasonable by a prudent layperson.

The Veteran's appeal for an initial compensable disability rating for his service-connected inguinal hernia, status post herniorrhaphy was denied. The Board found that the objective evidence did not demonstrate a recurrence of the hernia during the appeal period and thus, no compensable rating could be assigned.

The Board has remanded the case for additional development, including a VA examination to determine whether the Veteran has a sinus condition related to his service-connected postoperative residuals of a deviated nasal septum. The appeal is currently pending and will be reconsidered after the completion of this development.

The Board denied the appellant's claim for DEA benefits beyond her 26th birthday, finding that she was not eligible due to the end of her eligibility period at age 26.

The Veteran's thoracic sprain has been manifested by pain and limited range of motion, but does not meet the criteria for a disability evaluation in excess of 10 percent.

The Board denied the appellant's claim for DEA benefits beyond her 26th birthday, finding that she did not meet the eligibility criteria due to lack of evidence of circumstances beyond her control preventing pursuit of education.

The Board has determined that the Veteran does not have a current sleep disorder related to his military service and therefore denied his claim for service connection.

The Board found that the Veteran did not have Raynaud's syndrome or CREST syndrome incurred in service, and denied the claim.

The Board has determined that the Veteran's muscle pain of the upper back, arms, and thighs is a symptom of a medically unexplained chronic multisymptom illness (MUCMI) related to her service in the Southwest Asia theater of operations during the Persian Gulf War. As such, she meets the criteria for service connection under the provisions of 38 U.S.C. § 1117.

The Veteran's appeal is being remanded to the AOJ for additional development of his claim, including obtaining a medical opinion evaluating whether any disability resulting from the February 2010 colonoscopy and colectomy was reasonably foreseeable.

The Board has remanded the case due to inadequate examination and further development is required, including obtaining updated private records and conducting a VA examination.

The Board denied service connection for anemia, adrenal disorder, and immune deficiency disorder. The Veteran's current diagnoses of these conditions were not shown to be related to military service.

The Veteran does not have a diagnosed chronic bilateral hand disability and the evidence does not support service connection for this condition.

The Board found that the Veteran's cause of death was not attributable to a disability incurred in or aggravated by service, including as secondary to his service-connected diabetes.

The Veteran's polycystic ovarian disease with endometriosis has been rated at the maximum (50%) under Diagnostic Code 7629, which requires lesions involving bowel or bladder confirmed by laparoscopy, pelvic pain or heavy or irregular bleeding not controlled by treatment, and bowel or bladder symptoms. The Veteran's disability meets these criteria.