Other conditions decisions — 2014

The Veteran's claim for service connection for left foot subtalar arthritis was granted, and he is now rated at the maximum disability rating of 100% for his PTSD.

The Board found that the Veteran does not have a separate sleep disability and denied his claim for service connection.

The appellant has withdrawn their appeal regarding the issue of entitlement to attorney fees from past-due benefits for representation of the Veteran. As a result, the Board dismisses this issue.

The Veteran's case is being remanded due to the need for additional documentation regarding informed consent forms and further development of his claims.

The Veteran's service-connected bilateral hip disabilities do not prevent him from getting in and out of a car unassisted, driving up to 45 minutes, or walking unassisted with a walker. These retained functional abilities are not consistent with any criterion that warrants an increased evaluation during any portion of the appeal period.

The Board finds that the Veteran's death was not caused by a service-connected disability, as his tongue cancer is not associated with herbicide exposure and there is no direct evidence linking it to service. The preponderance of the evidence does not support a finding in favor of service connection for the cause of the Veteran's death.

The Board has granted a 10 percent rating for the Veteran's service-connected postoperative residuals of a right bunionectomy, with internal fixation.

The Board has decided to remand the case for additional development, including obtaining medical records and arranging a VA examination.

The Board has ordered a remand to obtain an adequate VA examination and opinion regarding the Veteran's shell fragment wound residuals, including any hip disorder. The case will be returned for further development.

The Veteran's temporomandibular joint pain and crepitus numbness are currently rated at 10 percent, the maximum schedular rating available under Diagnostic Code 9905. The evidence does not support a higher evaluation as her inter-incisal range of motion is consistently within the limits for a 10 percent rating.

The Veteran's claim for service connection for acute myelogenous leukemia, which is presumed to be due to exposure to Agent Orange in Vietnam, has been remanded for further development and review.

The Veteran's current diagnosis of MAC is causally and etiologically related to his active duty service, warranting the grant of service connection for MAC.

The Veteran's right knee disability, including a medial meniscus tear and degenerative joint disease, has not resulted in more than the minimum compensable limitation of motion. The current evaluation is therefore denied.

The Board has remanded the case due to a request for a video-conference hearing and because the appellant did not respond as to whether she desired a Board hearing. The appeal is currently in the process of being scheduled for such.

The Board has determined that further development is needed to obtain medical records and verify the Veteran's service in Vietnam, as well as to provide an opinion regarding whether atrial fibrillation could be considered ischemic heart disease or caused by Agent Orange exposure. The case will be remanded for these actions.

The Veteran's claim for service connection for right flank pain was denied, and his TDIU claim prior to January 6, 2009, remains pending.

The Board found no evidence of a chronic gastrointestinal disability during service or within one year post-service, and the Veteran's reported symptom history is not consistent with medical records. The Board concluded that there was no causal relationship between his current gastrointestinal disability and his active service.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for weakened left flank abdominal musculature resulting from a partial nephrectomy performed in April 2007 at the Decatur VA medical center. The case is remanded to secure missing pre-operative records and ensure informed consent was obtained.

The Board found that the Veteran's myotonic dystrophy type 2 did not clearly and unmistakably pre-exist service, but was not aggravated by service. Therefore, it was determined that the condition is not service-connected.

The Board found that the Veteran's current bilateral foot disorder is not related to his service and denied his claim.