Other conditions decisions — 2015

The Veteran's claim for a right hand disorder other than the service-connected ulnar nerve disability was denied as there is no evidence of a current chronic right hand disorder. The issue of compensation under 38 U.S.C.A. § 1151 for residuals of ulnar nerve exploration remains pending and will be remanded.

The Veteran had a pending claim for nonservice-connected pension benefits before his death, but the claim was received too close to his death for him to be entitled to any accrued benefits.

The Veteran's claim of service connection for an enlarged prostate was denied as there is no evidence linking the condition to his military service, including exposure to herbicides. The Board found that the Veteran did not have a current disability and that the evidence does not support a finding of service connection.

The Board found no clear and unmistakable error in the July 7, 2006 rating decision that assigned an initial noncompensable disability rating for multiple pulmonary emboli. The Veteran's claim of service connection for a vein disorder of the lower right extremity remains pending.

The Veteran's post-operative residuals of recurrent bowel obstruction are rated at 30 percent, with a separate 10 percent rating for occasional loss of bowel continence. The other issues have not been resolved.

The Veteran's claim for an increased evaluation for his service-connected left inguinal hernia is being remanded due to the need for a new VA examination.

The Board has reopened the claims for service connection for a respiratory disorder and skin disorder due to Agent Orange exposure. The Veteran's claim is pending further development regarding his claimed exposure.

The Veteran died from dementia and pulmonary fibrosis. The appellant asserts that the service-connected anxiety disorder caused or contributed to his death. A VA opinion is needed to determine if the service-connected anxiety disorder caused or contributed substantially or materially to the cause of death.

The Veteran's claim for service connection for basal cell carcinoma due to in-service herbicide exposure (Agent Orange) is being remanded as the VA has not provided a medical examination or opinion regarding the etiology of his condition.

The Veteran's service treatment records show he had shin splints during basic training, but no ongoing symptoms or diagnoses were noted. A VA examiner concluded that the current condition is less likely than not related to his in-service injury. The opinion was based on normal x-rays and a bone scan.

The Veteran's claim for VA compensation under 38 U.S.C. § 1151 is being remanded due to the need for additional development, including obtaining medical records and a new opinion from an appropriate physician regarding the proximate cause of his nerve and vocal cord injury with dysphagia.

The case is being remanded to the Department of the Army for verification of the decedent's service. If a negative response is provided, the appellant will be notified and offered an opportunity to respond.

The Veteran's appeal was denied as he is not entitled to Chapter 33 education benefits for distance learning pursued at a foreign educational institution.

The Board denied the claim of nonservice-connected burial benefits as the Veteran did not meet any of the criteria for such benefits.

The Veteran's claim for service connection for residuals of dental trauma, including especially to an upper left tooth, is being remanded due to the need for additional development and clarification of treatment records.

The Veteran died prior to November 1, 1990 and is buried in a private cemetery. As such, he does not meet the eligibility criteria for a Government-furnished headstone or marker.

The Veteran's hospitalization at Eastside Psychiatric Hospital from July 7-8, 2011 met all criteria for reimbursement under the Millennium Health Care and Benefits Act. The appeal is allowed.

The Veteran's service-connected left thumb disability is rated at 10 percent, effective November 1, 2012. The Board found that a higher rating was warranted for the period prior to this date.

The Veteran's right thumb and right middle finger disabilities have not been shown to warrant a higher rating based on the current evidence of record.

The Board has remanded the case for additional development, including obtaining records from Carolina Eye Associates. The claim will be reconsidered based on all evidence.