Other conditions decisions — 2014

The Veteran's initial evaluation for benign fibroid left uterine body was increased to 30 percent from July 1, 2009, to January 5, 2011.,Following the removal of her uterus in a hysterectomy on January 5, 2011, she is now rated at 30 percent under Diagnostic Code 7618.

The Board has determined that the Veteran's death was not caused by or substantially contributed to by a service-connected condition, and thus denied the claim for cause of death.

The appeal has been dismissed as the appellant died during the pendency of the appeal.

The Veteran's claim for an increased rating for residuals of a closed tibiofibular fracture of the right leg is being remanded due to new symptomatology and updated treatment records are needed.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Veteran's basic eligibility for Dependents' Educational Assistance (DEA) under the provisions of Chapter 35, Title 38, of the United States Code has been granted. The appellant's claim is being remanded to adjudicate it on the merits.

The Board is remanding the case to allow the appellant to submit a copy of her request to reopen the claim for service connection for the cause of the Veteran's death, or restate her arguments in a new letter. The case will then be returned to the Board for further review.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, diagnosed as a psychosis, finding that it began and was manifest to a compensable degree within the first year after separation from active service.

The Board has found that the proposal to determine the Veteran as incompetent for VA purposes was in error and has restored his competence.

The Veteran's appeal is being remanded to determine the full extent of his stroke residuals, including any additional disabilities such as vision impairment, speech problems, pain, bladder and bowel issues, and paralysis.

The Board has found service connection for chronic prostatitis, but the issue of whether the Veteran's kidney disorder is aggravated by his service-connected prostatitis remains pending and requires further development.

The Veteran's appeal is being remanded to the RO for further consideration of their claim, including whether referral for extraschedular consideration is warranted.

The Veteran's left foot disability is not deemed to be a result of VA care, treatment, or services. The Board finds that the Veteran does not have additional left foot disability as a result of VA care and no portion of any current left foot disability is due to any fault on the part of VA in providing the care or treatment.

The Veteran's service-connected right knee disability, characterized by a torn medial meniscus and mild instability, is currently rated at 10 percent. The Board finds that the evidence does not support an increased rating for this condition.

The Board found that a right hip and leg disability was not incurred or aggravated in service and is not proximately due to or the result of the service-connected left hip disability status post total left hip replacement.

The Board has determined that the Veteran's cause of death and his claim for service connection for acute myeloblastic leukemia are both denied.

The Veteran does not have a current gastrointestinal disorder, and the Board finds that service connection for this condition is denied. For his skin disorder, the Board notes there is no in-service diagnosis of athlete's foot or other specific skin condition, and the examiner could not provide an opinion regarding whether any current skin disorder was related to herbicide exposure.

The Veteran's arthritis of the right hip is found to be related to his period of active service, and he is granted service connection for this condition.

The appeal has been withdrawn by the appellant before a decision was made.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination. The Veteran's claims of service connection for sinus condition, mouth/dental trauma, and right ear hearing loss are being reviewed.