Other conditions decisions — 2013

The Board has determined that new and material evidence has been presented to reopen the issue of whether the character of the Appellant's discharge from military service is a bar to VA benefits. The case is now REMANDED for further consideration.

The Board has granted a 20 percent evaluation for the post-operative residuals of a fracture of the left medial malleolus and distal one third of the fibula, finding moderate ankle disability with malunion. The Veteran's post-operative surgical scar is rated at 10 percent.

The Veteran died in a private hospital and the appeal is denied as there are no service-connected conditions, and burial benefits cannot be paid due to lack of proper VA hospitalization.

The Veteran's service-connected non-Hodgkin's lymphoma is rated at 100% disabling and permanent, meeting the criteria for DEA benefits under Chapter 35.

The Board found no current residuals from a removed cyst in the Veteran's mouth and denied his claim for service connection.

The Veteran's metastatic tongue cancer is being remanded for a VA examination to determine if it is related to herbicide exposure in service, specifically Agent Orange. The Veteran also needs to provide information about all medical providers who treated him for his tongue cancer.

The Board found that the appellant has forfeited all rights, claims, and benefits administered by VA due to a previous forfeiture decision for knowingly making or causing to be made false statements concerning another veteran's claim. As such, he is not entitled to a one-time payment from the FVEC fund.

The Board has remanded the case due to a need for further investigation into the Appellant's military service and eligibility for the FVEC Fund.

The Veteran's bladder dysfunction, post-operative fulguration of the urethra and bladder, is currently rated at 60 percent disabling from April 30, 2008.

The Veteran's request for a waiver of an overpayment in the amount of $9,041.95 was denied as it was not timely filed.

The Veteran's neurogenic bowel dysfunction with spontaneous bowel movements and frequent impactions requires a strict regimen of bowel rehabilitation, including treatment with oral medication, a high fiber diet, suppositories, enemas, and digital stimulation. The Board finds that the condition necessitates a 100 percent rating due to extensive leakage and frequent involuntary bowel movements.

The Board has determined that the Veteran's dysmenorrhea and hysterectomy are related to her service, meeting the criteria for service connection.

The Veteran's claim for service connection for a bilateral hand disorder was denied as he does not have a diagnosed condition. The claim for increased ratings for lumbar strain is remanded.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a left hip disorder. The additional post-service treatment records are considered cumulative, as they do not address whether the condition had its onset or increased in severity during service.

The Veteran's service-connected diabetes mellitus is found to be the proximate cause of his orthostatic proteinuria and arthritis.

The Board denied service connection for degenerative joint disease of the upper and lower extremities, finding that there was no evidence linking these conditions to service or any service-connected disabilities.

The Board denied the Veteran's claims for a higher rating for his right hip disability and TDIU, finding that the evidence did not support an increased rating based on limitation of motion or muscle weakness.

The Board found that the Veteran's urinary incontinence or enuresis is at least partly related to his active duty service and granted service connection for this condition.

The Veteran's claim for an increased evaluation for bronchiectasis of the left lower lobe is being remanded due to outstanding medical records and a need for additional examination.

The Board finds that the Appellant is entitled to recognition as the Veteran's surviving spouse for the purpose of receiving VA death benefits, resolving reasonable doubt in her favor.