Other conditions decisions — 2019

The Board has determined that the reduction of the Veteran's disability rating for reactive airway disease from 100 percent to 10 percent, effective June 1, 2017, was improper and restored the 100 percent rating.

The Board has remanded the case due to a lack of consideration of a prior medical opinion in the VA examiner's report. The Veteran is requested to undergo another VA examination and receive an opinion regarding his right eye disability.

The Veteran's left-hand disability, which is not service-connected, has been rated at 10 percent since April 2017. The rating reflects limitation of motion with a gap between the thumb and fingers that does not exceed two inches.

The Veteran's claim for retroactive payment of Post-9/11 GI Bill educational assistance benefits for the OJT program with the FAA from May 27, 2008, to April 31, 2010 was denied as VA did not receive a formal or informal claim prior to August 29, 2016.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the Veteran did not meet the criteria for a compensable rating for limitation of flexion of the left elbow or an initial rating in excess of 10 percent for impairment of supination and pronation of the left elbow.

The appeal to reopen the claim for service connection for recurrent dislocation of the left patella is remanded due to new evidence being added to the record.

The Veteran's claim for payment or reimbursement of medical expenses received at Good Samaritan Medical Center on October 7, 2014 is being remanded due to the need to seek documentation that T.B. has authority to represent the provider and obtain a copy of the notice of disagreement.

The Veteran's appeal for a higher disability rating for tendinitis/metatarsalgia of the bilateral feet is being remanded due to new evidence received since the February 2017 Board decision.

The Board denied service connection for thrombocytosis as the evidence did not establish a relationship to service or a service-connected disability.

The Veteran's service-connected right ring finger amputation, insomnia disorder, and ADD were denied as the evidence did not meet the criteria for a compensable rating or an initial rating in excess of 70 percent.

The Board is remanding the case to obtain records from the Oklahoma Department of Corrections regarding the Veteran's medical expenses and whether he had been required to pay out-of-pocket for his service-connected disabilities.

The Veteran's gouty arthritis of the right foot, right hip, right knee, and left foot is rated at 100 percent, effective as of April 18, 2019. The appeal for TDIU due to service-connected gouty arthritis was dismissed.

The Veteran's malignant B-cell lymphoma is granted service connection due to exposure to herbicide agents during his military service.

The Veteran's claim for a compensable initial rating for left testicular atrophy was denied as there is no evidence of complete atrophy or removal of both testicles. The benefit of the doubt did not apply, and SMC for loss of one creative organ was granted instead.

The Veteran's appeal for service connection for poor vision has been denied. The Veteran was not shown to have any visual impairment beyond refractive error, which is a developmental defect and not a compensable disability.,The Veteran's appeals for initial compensable ratings for residuals of right and left fifth hammer toe arthroplasty have been denied. The VA examination did not find all toes affected by hammer toes, thus preventing the assignment of a higher rating under DC 5282.,The Veteran's appeal for service connection for residuals of ventral hernia repair has been remanded due to incomplete records and need for an addendum opinion.

The Veteran's colorectal cancer and liver cancer are granted service connection due to presumed exposure to herbicides in Vietnam. However, the Veteran's claim for a total disability rating based on individual unemployability is denied due to his failure to provide requested information.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including obtaining medical opinions regarding his claimed disabilities.

The Board is unable to verify the garnishment of the Veteran's pension payments for a debt owed to a VA Medical Center, and thus the matter is being remanded to account for these adjustments.

The Board found that the appellant and Veteran did not establish a valid common law marriage under New Hampshire law prior to September [Redacted], 2017, which is required for DIC benefits. The appeal was denied.

The Board has remanded the claims for service connection due to potential exposure to chemical and/or herbicide agents at Fort McClellan, including Agent Orange. The Veteran is seeking service connection for breast cancer residuals, fibroadenomas of the breasts, chronic disability of the ovaries and uterus, and bowel perforation.