Other conditions decisions — 2015

The Board has remanded the case for additional development due to incomplete examination reports and need for clarification of certain issues.

The Veteran's appeal for a higher initial rating for malunion of the metatarsal bones of the left foot was denied. The VA examinations indicated severe malunion but no loss of use of the foot, which precluded a higher rating based on loss of use.

The Veteran's claims for higher evaluations for his bilateral knee/ankle disability and TDIU are being remanded due to the need for a new VA examination.

The Board found that the Veteran's diagnosed anemia was not incurred in service and is not related to his military service. As a result, the claim for service connection for anemia was denied.

The Veteran's claim for increased ratings for his service-connected residuals of a fractured right humerus was denied. The Board found that the current schedular ratings adequately reflected the severity and symptoms of his disability.

The Board is remanding the case to obtain an addendum opinion from a VA examiner regarding whether the Veteran's left ulnar neuropathy was aggravated by his service-connected residuals of a left wrist fusion. The claim will be readjudicated based on all evidence received since the October 2012 supplemental statement of the case.

The Board has remanded the case due to inadequate compliance with VA's duty to assist, including obtaining unit history records and morning reports for purposes of substantiating exposure to ionizing radiation during service. The Veteran is advised to submit these documents if they are in his possession.

The Board has remanded the case for issuance of a Statement of the Case (SOC) due to disagreement with the denial of reimbursement for unauthorized medical expenses incurred on November 28, 2014 at Memorial Medical Center.

The Veteran seeks service connection for nodular basal cell carcinoma of the left inner eye, claiming it is related to his in-service exposure to herbicides. The Board finds that VA has the duty to obtain a medical opinion regarding the relationship between the condition and presumed herbicide exposure.

The Veteran's death was caused by complications from his cardiovascular disease, which resulted in a cardiac arrest. The VA treatment provided did not meet the standard of care and contributed to the Veteran's death.

The appeal is being remanded due to scheduling issues for a video-conference hearing before the Board.

The Board has determined that the evidence received since the September 2005 rating decision is not new and material, and thus does not reopen the claim of service connection for cholesteatoma of the antrum (claimed as soft tissue sarcoma).

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining an addendum opinion from a VA cardiac surgeon and securing relevant medical records.

The Board has determined that additional development is needed to properly consider the Appellant's claim, including an updated calculation of her Income for VA Purposes (IVAP) and initial consideration of new evidence. The case will be returned to the AOJ for further action.

The Board dismissed the appeal due to the Veteran's death, and thus has no jurisdiction to adjudicate the merits of this case.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling a VA examination to determine the nature and etiology of his claimed conditions. The claim for higher rating for PTSD will also be remanded.

The Board finds that the Veteran's right great toe interphalangeal joint arthritis, status post joint fusion, does constitute a severe disability and warrants an increased rating to 30 percent.

The Veteran's claim for service connection for chemical exposure leading to birth defects and a stillborn baby is denied as the conditions are not disabilities for VA compensation purposes.

The Board finds that the evidence is at least in relative equipoise as to whether the Veteran's Acute Myelogenous Leukemia (AML) was related to his active duty service, and grants service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's throat and tonsillar cancer were not incurred or aggravated by service, and may not be presumed related to service. The claim for dental treatment secondary to his cancer is also denied.