Other conditions decisions — 2012

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has decided to remand the Veteran's skin disability claim for further development, including obtaining a new VA examination and reviewing outstanding medical records.

The Veteran's death was caused by dementia, which is service-connected. The Board finds that the Veteran did not have a diagnosis of PTSD prior to his death and thus cannot establish service connection for cause of death based on PTSD.

The Veteran's appeal is remanded due to the need for additional development, including an examination and obtaining VA outpatient treatment records.

The Board has remanded the case due to issues regarding payment of nonservice-connected death pension benefits, including income criteria for entitlement. The appellant must be provided an SSOC addressing these matters.

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation (FVEC) Fund was denied because he submitted his claim more than one year after the legislation was enacted, and there is no statutory authority to toll the filing deadline.

The Veteran has withdrawn his appeal for a higher rating for Bells Palsy, including requesting a videoconference hearing. The Board dismissed the appeal as moot.

The Board finds that the Veteran's T12 paraplegia with loss of bowel and bladder function is at least as likely as not caused by VA hospital care, medical or surgical treatment in May 2004. The proximate cause was due to carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on the part of VA.

The Board denied service connection for the cause of the Veteran's death due to adenocarcinoma of the cecum with liver metastasis, finding that the service-connected lymphoma did not contribute substantially or materially to his death. The Board also found no evidence linking Agent Orange exposure to the Veteran's adenocarcinoma.

The Board denied the Veteran's claim for an earlier effective date for special monthly pension benefits based on the need for regular aid and attendance, which was granted on May 13, 2005.

The Veteran's claim for service connection for a skin disorder, claimed as skin growths due to herbicide exposure, is being remanded for additional development including an examination and review of medical records.

The Board found that the Veteran's claimed arthritis did not manifest during or as a result of active military service and denied his claim for service connection.

The Board granted the appellant's request for an extension of her delimiting date beyond September 1995, allowing her to use up to 20 months of educational assistance benefits under Chapter 35 due to a physical disability preventing her from pursuing education.

The Veteran's service-connected residuals of delayed union, right tibial shaft fracture were found to warrant a 10 percent evaluation prior to May 25, 2011 and an increased evaluation in excess of 20 percent from that date.

The Veteran's service-connected residuals of common bile duct repair did not require hospitalization for at least 21 days and did not involve surgery or immobilization by cast, thus the claim for a temporary total rating is denied.

The Board has reopened the claim for service connection for a respiratory disorder and remanded the claims for service connection for body strain including chest and abdomen. The Veteran is scheduled to undergo VA examinations to determine the nature and etiology of any diagnosed respiratory disability, as well as whether his current body strain condition is related to service.

The Board found that the Veteran does not have current residuals of syphilis from service and denied his claim for service connection.

The Veteran's residuals of MALT lymphoma, including a surgical scar and gastrointestinal complaints, are rated at 20 percent from September 1, 2008. A separate 10 percent rating is granted for the laparotomy scar.

The Veteran's dental disability, including TMJ, resulted in inter-incisal range of motion to no less than 30.6 mm throughout the initial evaluation period and he had missing non-replaceable teeth numbered 1, 3, 6, 7, 8, 14, and 31; a fixed partial denture from teeth numbered 4-9 replacing teeth numbered 5-8, and a provisional fixed partial denture from teeth numbered 13-15, replacing tooth number 14. The Veteran's dental disability did not meet the criteria for an initial rating in excess of 20 percent.

The Veteran's ITP was rated at 30 percent from October 25, 2006 to July 23, 2008 and from June 17, 2011. The rating is not warranted for other periods.