Other conditions decisions — 2013

The Veteran's paraplegia below the waist resulting from arterio-venous fistula was proximately caused by an event not reasonably foreseeable in furnishing VA medical treatment, warranting compensation benefits under 38 U.S.C.A. § 1151.

The Veteran's appeal is being remanded for further development, including obtaining medical records and conducting VA examinations to address the issues of service connection for gastric cancer and atrial fibrillation.

The Board found clear and unmistakable error in the denial of service connection for the cause of death due to laryngeal cancer, which was later found to be subject to presumptive service connection based on exposure to herbicides during service. The effective date is set as June 9, 1994.

The Board has remanded the case due to insufficient verification of the appellant's claimed service, and a new request for information from the service department is needed.

The Veteran's right Achilles tendonitis has been rated at 20 percent since the initial rating decision, and this finding is upheld as his condition continues to cause marked limitation of motion in his ankle.

The Board finds that the evidence does not leave no doubt about the Veteran's incompetency and concludes that he is competent to manage his own affairs, including the disbursement of funds, without limitation. The appeal for restoration of competency status for VA benefits purposes is granted.

The Veteran's death was not due to a service-connected disability, and he did not meet the criteria for non-service connected burial benefits as his body was not held by a state or in a VA facility at the time of his death.

The Veteran's claim for service connection for a cyst on the right foot is being remanded due to the need for additional medical examination and opinion.

The Board has reopened the Veteran's previously denied claim of service connection for a respiratory disability and finds that new and material evidence has been submitted. The case is now remanded to provide an appropriate VA examination and readjudicate the issue.

The Board has determined that the termination of the appellant's death pension benefits, effective December 1, 2007, was proper due to excessive income and Social Security cost of living increases.

The Veteran seeks service connection for residuals of a right tibia stress fracture. The VA examiner found that the current disability is not related to the in-service stress fracture, and another examination under the duty to assist is needed.

The Board has remanded the case due to the appellant's desire for a videoconference hearing, and the claim is not yet decided on its merits.

The Board has decided to remand the case due to insufficient nexus opinion regarding the relationship between the Veteran's current uterine fibroids and a documented fibroid in service. The Veteran is seeking service connection for her uterine fibroids, which are currently diagnosed.

The Board finds that there is clear and unmistakable evidence demonstrating that the Veteran's bilateral lower extremity varicose veins existed prior to his entry into his second period of active military service. However, the evidence does not clearly and unmistakably show that the pre-existing bilateral lower extremity varicose vein disability was not aggravated by military service.

The Veteran's appeal has been withdrawn by the appellant and her representative, thus dismissing the appeal.

The Veteran's service-connected fracture of the right 4th metacarpal has been rated as noncompensable since its initial grant in 1979. The most recent rating decision, issued in April 2011, assigned a compensable (10%) evaluation based on current symptoms and findings.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected left elbow disability, as the last examination was more than two years ago.

The Board has remanded the case for further development to ensure that all necessary information is included in the record regarding payments made by third party payers.

The Board has remanded the claims due to inadequacy of the examination report and need for further development regarding service connection for gastrointestinal disorder and skin disorder.

The Board has remanded the case for additional development due to outstanding records that may be relevant to the issue on appeal.