Other conditions decisions — 2015

The Veteran's rhabdomyolysis is characterized by periodic muscle pain upon exertion, and he has been granted an initial noncompensable rating. However, the Board found that his symptoms meet the criteria for a 20% rating under DC 5025 (fibromyalgia), as they are episodic and present more than one-third of the time.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current left thumb disability or residuals of the mandible fracture, thus denying these claims. The Veteran's loss of teeth due to bone loss of the mandible was already granted in January 2011.

The Veteran's right finger disability is rated at 10 percent, and his alopecia is rated at noncompensable prior to March 12, 2014. From March 12, 2014 onwards, the Veteran receives a 10 percent rating for alopecia.,The Board finds that a higher rating for either condition is not warranted based on the evidence of record.

The Board has determined that the Veteran does not have a hiatal hernia due to service, and his claim for increased ratings for hammer toes of the left and right feet is denied.,There is insufficient evidence to support a finding of continuity of symptomatology for the hiatal hernia.

The Veteran's current restrictive lung disease is reasonably shown to be a consequence of his service-connected coronary artery bypass surgery, and the Board finds that he is entitled to secondary service connection for this condition.

The appellant's claim seeking an earlier effective date for payment of DIC benefits was denied as the initial claim was received within one year of the Veteran's death, and thus the effective date is set to the date of receipt of the claim.

The Board finds that the Veteran's eosinophilic granuloma, right leg, with metastasis to the brain (claimed as brain cancer), had its onset within one year of separation from active duty and grants service connection for this condition.

The Veteran's death was not caused by VA negligence or fault in providing medical care, but the stroke he suffered during surgery was a result of unforeseen events. The claim is denied for treatment issues and granted for service connection.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran's claim for an earlier effective date for a TDIU award is denied as there was no pending claim or evidence of increased disability within one year prior to the July 2011 filing.

The Veteran's claim for service connection for squamous cell carcinoma of the mouth, including as due to exposure to herbicides, has been dismissed because the Veteran died during the appeal process.

The Board found that the termination of the Appellant's death pension benefits, effective July 1, 2011, due to excessive countable income was proper and denied her appeal.

The Board has determined that the Veteran's service-connected vasovagal syncope contributed to his death, and therefore grants service connection for the cause of the Veteran's death.

The Board found that the Appellant did not have service in the Armed Forces of the United States and therefore is not eligible for VA benefits.

The Veteran's heart disorder, diagnosed as mitral regurgitation, had its onset in service and the Board has granted service connection for this condition.

The Board finds that the Veteran does not have a diagnosed neurological disability upon which direct or secondary service connection can be established, and thus, the claim for service connection for numbness in both arms and legs is denied.

The Veteran's claims for increased ratings for right and left hallux valgus were denied by the Board, as his conditions did not meet the criteria for higher ratings based on current symptomatology.

The Board has ordered additional development to determine if the Veteran's death was caused by service-connected conditions, including exposure to asbestos and herbicides. The case is being remanded for further investigation.

The Board has determined that the Veteran's right hand and thumb disability was not incurred in or aggravated by service, as there is no evidence of arthritis during service or within one year following separation. The claim for service connection is denied.

The Board found that the Veteran's death was not proximately caused by VA treatment, and therefore denied the claim for DIC under 38 U.S.C.A. § 1151.