Other conditions decisions — 2014

The Veteran's service-connected granuloma of the left lung is currently rated as noncompensable due to its asymptomatic nature and lack of associated pulmonary disability.

The Board has determined that a new medical opinion is needed to determine if the Veteran's death was related to his service or any incident therein, including his March 1953 surgery. The expert must also discuss whether internal scars from the service SFW caused intubation difficulties and if so, whether this delay in intubation contributed to the Veteran's death.

The Board has determined that the Veteran's death was due to a service-connected condition, specifically his cardiovascular-renal disease. The fall and head injury in service are considered contributory causes of death.

The Board has determined that further development is necessary due to the Veteran's reported income and unreimbursed medical expenses. The case is being remanded for clarification of his sources of income, including any pension income, and for submission of information regarding unreimbursed medical expenses from 2012 to the present as well as expenses related to the last illness and burial of his spouse.

The Veteran's claim for a higher rating for his shrapnel wound of the right thigh resulting in injury to Muscle Group XIV is being remanded due to the need for a videoconference hearing before the Board.

The Board has determined that the Veteran's ulcerative colitis warrants an initial evaluation of 60 percent, reflecting severe in nature with numerous attacks per year and fair health during remission.

The Veteran's death was not due to service-connected causes, and the Board found that he did not meet the criteria for DIC benefits under section 1318.

The Veteran's left thigh muscle overuse syndrome is currently rated at a 10 percent disability level, which meets the criteria for her claim.

The Board has determined that the Veteran's idiopathic familial tremor disability is adequately rated at 30 percent under the schedular criteria, and an extraschedular rating in excess of this is not warranted due to lack of marked interference with employment or frequent hospitalizations.

The Board found that the Veteran's current bilateral eye disability, including dry eye, meibomian gland dysfunction, cataracts, and refractive error, is not causally or etiologically related to service. The disability was first diagnosed many years after service separation.

The Veteran's death was attributed to severe hypoxemia and pulmonary embolism, with underlying causes including hypercongulable state secondary to protein S deficiency, malignant pleomorphic tumor (lung, proximal jejunum), stage IV cancer. The claim is remanded for further development regarding the cause of death.

The Veteran's residuals of stress fracture of the pelvis do not meet the criteria for a rating in excess of 10 percent.

The Board has determined that additional examinations and development are necessary before the claims can be fully adjudicated.

The Board found no evidence to support a connection between the Appellant's low back disability and his service, including the 1982 accident. The claim was denied.

The Board finds that the termination of compensation benefits effective May 18, 2005, was not proper and the overpayment was not properly created due to lack of evidence indicating a valid felony warrant.

The Veteran's right femur fracture residuals are rated at 40 percent, and his right hip scar is rated at 10 percent. The ratings reflect the severity of the disabilities based on their impact on function.

The Veteran's claims for service connection and initial compensable disability ratings for eye disorders, respiratory disorder, bilateral hearing loss, and erectile dysfunction were denied. The Veteran was granted a noncompensable rating for his bilateral hearing loss.

The Board has dismissed the appeal as there is no legal basis to consider an earlier effective date for TDIU due to the finality of the January 1997 rating decision.

The Board found that VA was not notified of the Veteran's son T.A.'s existence until February 27, 2009, which is within one year of VA's request for dependency information. Therefore, an effective date earlier than February 27, 2009 cannot be granted.

The Board has granted service connection for squamous cell carcinoma of the oral cavity at the tongue base due to Agent Orange exposure. The Veteran's PTSD claim and total disability rating based on individual unemployability remain pending.