Other conditions decisions — 2013

The Veteran's service-connected postoperative hemilaminectomy at L4-5 and remote hemorrhage in the left eye render him so helpless as to be in need of regular aid and attendance, meeting the criteria for special monthly compensation based on the need for aid and attendance.

The Veteran's claims for increased evaluation of paroxysmal supraventricular tachycardia and service connection for hypertension and chronic renal disease were denied. The RO assigned a 30% disability rating effective from June 18, 2004.

The Board has determined that the Veteran's cause of death, Amyotrophic Lateral Sclerosis (ALS), was related to his military service and granted service connection for the cause of death effective January [redacted], 2002.

The Veteran's claim for service connection for arthritis of the left hand is denied as there is no evidence that he incurred such a condition during active military service. The Board finds that his lay statements alone are sufficient to demonstrate abrasions to the left hand, but not sufficient to establish chronic arthritis.

The Veteran's appeal for a higher level of special monthly compensation has been withdrawn, resulting in the dismissal of the case.

The Board has determined that additional development is needed before the Veteran's claim can be adjudicated, including obtaining his VA treatment records and a statement from the attending physician who conducted an MRI of his brain in 2002. The Veteran will also need to provide a written statement from this physician.

The Board has dismissed the appellant's claim for a one-time payment from the FVEC fund due to the failure to file a timely appeal.

The Veteran's basal cell carcinoma was not found to be related to his military service, including herbicide exposure. The Board denied the claim for service connection.

The Board found that arthritis of the neck and back did not manifest in service or during the first post-service year, and is not due to an event during active service or proximately due to a service-connected disability.

The Veteran's appeal is remanded for additional development, including obtaining VA medical records and scheduling a new VA examination to assess the current severity of his service-connected myositis.

The Board found that the Veteran's service-connected myofascial pain dysfunction did not meet the criteria for an initial compensable rating at any time during the appeal period.

The Veteran's cause of death was not found to be service-connected, as his tongue cancer did not manifest in service or within one year of service and is not presumed due to Agent Orange exposure. The claim for direct service connection based on the evidence of record was denied.

The Board has reopened the claim for service connection for Congestive Heart Failure (CHF) due to new and material evidence submitted since the March 2004 rating decision. The Veteran's testimony at a videoconference hearing, along with VA and private treatment records, provided information about the onset and etiology of his CHF.

The Board has determined that the Veteran's left heel disorder was not incurred or aggravated by service, and is not related to any service-connected disability.

The Board denied service connection for fibrocystic breasts and the claim of compensation under 38 U.S.C.A. § 1151 for a cracked fifth tooth with implant placement due to lack of evidence linking these conditions to service.

The Veteran's jaw disability, characterized by clicking and popping of the mandible, moderate displacement of the mandible with loss of masticatory function, greater than 40 mm of inter-incisal range of motion, and greater than 4 mm of lateral excursion, has been rated at 10 percent since August 2008.

The Veteran's eye disability, including hypermetropia, astigmatism, and presbyopia, is related to service. The preponderance of the evidence shows that his crowded optic nerves were aggravated by a service-connected disability (likely lumbar spine disability). No new rating was granted for any issues.

The Veteran's prostatitis disability has been rated at 60 percent since April 23, 2010.

The Veteran's bilateral pneumothorax, spontaneous with left thoracotomy, is currently rated at 30 percent and does not warrant a higher rating based on the results of pulmonary function tests (PFTs).

The appellant's father did not meet the requisite legal requirements for obtaining a one-time payment from the FVEC Fund, and therefore his claim is denied.