Other conditions decisions — 2014

The Board found that the grant of service connection for residuals of thoracic fusion with scoliosis was clearly and unmistakably erroneous, and thus severed the award.

The Board found that the Veteran's currently diagnosed benign essential tremor was not caused or aggravated by his active service or a service-connected disability, including acne vulgaris.

The Board found that the Veteran's prostatitis was manifested by a daytime voiding interval between one and two hours, and nighttime awakening to void three times per night. The Veteran did not meet criteria for higher ratings based on urinary frequency or obstructed voiding.

The Veteran's service-connected Thygeson's superficial punctuate keratitis and early nuclear sclerotic cataract are rated at 10 percent, but the claim for tension headaches remains denied.

The Board has determined that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, including possession of marijuana during his service, failure to properly prepare for guard duty in February 1971, and going AWOL in June 1971. Therefore, the character of his discharge is a bar to VA benefits.

The Veteran's claim for service connection for a gastric disability was denied. The Board found that the evidence did not show a pre-existing gastric disorder in service or any increase in severity during service, and concluded that his current condition is less likely related to service. For bilateral hearing loss, no compensable rating prior to October 8, 2008, and no increased rating after October 8, 2008, were granted.

The Veteran's left knee disability, including arthritis and meniscus tear, warrants a 10 percent rating for the entire period on appeal.

The Board denied the appellant's claim for an earlier effective date for posthumous entitlement to compensation during the Veteran's lifetime for service-connected cancer of the lung and esophagus, secondary to herbicide exposure. The earliest possible effective date is November 30, 1993.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran for purposes of receiving VA death benefits.

The Board has remanded the case due to incomplete information and need for additional development, including obtaining SSA records, a VA examination, and correcting VCAA notice.

The Board finds that new and material evidence has been submitted to reopen the claims for service connection for an acquired psychiatric disorder, a right shoulder disability, and Hepatitis C. The Veteran's schizoaffective disorder is found to be related to his military service.

The Board has decided to remand the case due to a recent court decision, requiring verification of service from the United States Department of the Army.

The Veteran's appeal is being remanded due to the need for additional records and a new VA examination. The issue remains whether he should receive an initial rating in excess of 10 percent for his mood disorder, which is related to his ankle and jaw pain.

The Board has determined that the Veteran's bilateral hallux valgus is attributable to service and grants her claim for service connection.

The Veteran's death was caused by metastatic non-small cell lung carcinoma, and there is no evidence to support a service connection for the cause of his death due to exposure to herbicides or any other condition related to his military service.

The Board denied the Veteran's claims of service connection for arthritis and cataracts, finding no credible evidence linking these conditions to his military service. The need for aid and attendance or housebound status was also not established.

The Veteran's unhealed eye injury and cataracts are not service connected, as the evidence does not show a connection to his military service.

The Board has determined that the Veteran is entitled to reimbursement for a Level II CFA examination, which was scheduled after the change in the regulation allowing multiple payments.

The Veteran's claim for special monthly compensation based on the need for aid and attendance is being remanded due to conflicting medical opinions regarding his self-care capabilities. The VA will obtain recent treatment records and conduct a retrospective evaluation of his functional capacity from December 2008 onwards.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and providing an addendum medical opinion.