Other conditions Board decisions

The Board found that diverticulitis was not present during service and is unrelated to an injury, disease or event in service. As a result, the claim for service connection for diverticulitis was denied.

The Board has remanded the Veteran's claims for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine the current severity of his bilateral spondylosis at L5-S1 vertebrae. The Veteran's claim for TDIU is also being remanded.

The Veteran's service-connected left shoulder disability has been shown to be productive of complaints of pain and some limitation of motion, but not ankylosis of the scapulohumeral articulation, limitation of left arm motion to 25 degrees from the side, a fibrous union of the left humerus, or more than a moderate muscle disability. The criteria for a rating in excess of 20 percent have not been met.

The Veteran's service-connected blepharitis is currently rated at 20 percent, the highest available under Diagnostic Code 6025 for interference with the lacrimal ducts. The evidence shows active conjunctivitis and impairment of the lacrimal apparatus in both eyes.

The Board found that the Veteran's TMJ dysfunction syndrome is a known clinical diagnosis and not an undiagnosed illness or medically unexplained chronic multisymptom illness. The evidence did not support a finding of service connection for this condition.

The Veteran's service-connected right eye disorder was not shown to warrant a compensable rating prior to December 10, 2008. On and after that date, the evidence does not demonstrate visual acuity of 20/50 or worse in one eye with 20/40 or better vision in the other eye, which would be required for a compensable evaluation under the applicable diagnostic codes.

The Board found that the Veteran does not have a current eye disability related to service and denied his claim for service connection.

The Board denied the Veteran's claims for higher ratings for his right shoulder strain, left shoulder strain, and right wrist strain. The claim for service connection for a coughing disability was also denied as it is already encompassed in the rating assigned for allergic rhinitis.

The Board found that the Veteran's brain damage was not incurred or aggravated in service, as there is no evidence of a diagnosis of encephalitis and no indication of brain damage resulting from his in-service diagnoses.

The Veteran withdrew his appeal, thus the case is dismissed.

The Board denied the Veteran's claim for service connection for myasthenia gravis, finding that there was no evidence linking the condition to his military service or herbicide exposure. The Veteran's theory of secondary service connection based on treatment of his service-connected left knee disability was also not supported by the medical evidence.

The Veteran's claim for service connection for a liver disorder is being remanded due to the need for further examination and evaluation. The examiner will assess whether his current liver disorder, including cirrhosis of the liver (status post liver transplant), is at least as likely as not caused by or aggravated by medication used to treat his service-connected PTSD.

The Board has determined that the Veteran's status as a fugitive felon during the period between January [redacted], 2008 and May [redacted], 2008 was not proper, thus the withholding of VA compensation benefits due to this status was improper.

The Veteran is seeking an earlier effective date for service connection of thalassemia minor, which was initially denied in a rating decision from December 1968. The Board has reopened the claim and granted service connection based on new evidence submitted by the Veteran. However, he argues that there was clear and unmistakable error in the original denial and wants an earlier effective date.

The appellant's service is not recognized by the Department of Veterans Affairs, and therefore he does not meet the criteria for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the Veteran's death was not caused by a service-connected disability and denied both DIC under 38 U.S.C.A. § 1310 and benefits for the cause of death due to VA treatment under 38 U.S.C.A. § 1151.

The Veteran's representative withdrew his appeal for special monthly compensation based on the need for regular aid and attendance of another person or at the housebound rate.

The Board found the appellant's statements regarding his military service to be lacking credibility and did not meet the threshold service eligibility requirements for VA pension benefits.

The Board found that the Veteran's bilateral hand disorder, including as due to undiagnosed illness, was not incurred in or aggravated by active service and denied the claim.

The Veteran's spouse is seeking reimbursement for medical expenses incurred at a private facility due to the Veteran's cancer treatment. The claim was denied because VA had no available beds and Medicare coverage was present, but further records are needed to determine if these criteria were met.