Other conditions decisions — 2013

The Veteran's claims for service connection for hypotension and a jaw disorder are being remanded due to inadequate VA examination reports. Additional evidence will be considered, and the Veteran will undergo further examinations to determine the etiology of her conditions.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is granted as the evidence shows that VA providers misdiagnosed his encephalomyelitis, resulting in additional disability and failure to exercise the degree of care expected from a reasonable health care provider.

The Board denied the appellant's request for an earlier effective date for the award of service connection for residuals of a left nephrectomy, as neither the Veteran nor the appellant filed a timely challenge to the assigned effective date before his death.

The Veteran does not have additional disability, namely multiple biliary stones with status-post sphincterotomy and stent with intra-operative cholangiogram with ampullary mass and removal of the gallbladder, as a result of the use of Accutane for her service-connected skin disorder. The Board finds that the proximate cause was not VA's fault.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's bilateral metatarsalgia. The claim will be reconsidered with a new examination and opinion.

The Board has reopened the Veteran's claims of service connection for fatigue and weight loss including as due to an undiagnosed illness. The most probative evidence shows that these disabilities are related to hypovitaminosis D, which is not shown in service or for years thereafter.

The Veteran's intermittent hematuria and flank pain are not considered disabilities for which service connection may be granted, as there is no evidence of a current kidney or genitourinary disorder.

The Veteran's appeal for an extension of temporary total rating due to treatment for service-connected diverticulitis requiring convalescence has been dismissed as the claim was satisfied by a grant of a 100% rating from March 1, 2011 to April 2, 2011.

The Board finds that the Veteran's urinary and bowel incontinence are not related to his service or any service-connected conditions, including his lumbar spine disability. The medical opinions provided do not support a connection between these symptoms and his military service.

The Board found that the Veteran does not have an abdominal defect or ventral hernia as a result of his CABG, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's right and left thigh muscular disabilities are due to his service-connected lumbar spine disability, thus granting service connection for these conditions.

The Board found that the Veteran's skin condition, other than radiation-induced dermatitis and shingles, was not incurred in service.

The Board is remanding the case for additional development to verify whether the U.S.S. Worden was within the territorial limits of the Republic of Vietnam while the Veteran served aboard, as required by VBA's Adjudication Procedure Manual.

The Veteran's bilateral eye disability, specifically active conjunctivitis, has been granted an initial 10 percent evaluation effective November 30, 2004.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore, denied the claim for service connection for the cause of death.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's foot disorder, including onychomycosis. The appeal will be remanded for this purpose.

The Veteran's service was not in a period of war, making him ineligible for VA death pension benefits.

The Veteran's focal dystonia resulted in left facial weakness/drooping with drooling after 45 seconds to a minute of trombone playing, and the Board found that this did not meet the criteria for a rating in excess of 30 percent.

The Board has granted service connection for deep vein thrombosis of the bilateral lower extremities, finding that it is proximately due to or a result of service-connected diabetes mellitus.

The Appellant withdrew her appeals for death pension benefits and accrued benefits, indicating she was satisfied with the grant of service connection for the cause of the Veteran's death.