Other conditions decisions — 2015

The Board has remanded the case due to a failure to provide the appellant with a hearing. The appellant must be provided a new hearing at an RO most convenient to her current address.

The Board has ordered additional development to determine the nature and etiology of the Veteran's memory impairment, including whether it is related to service-connected sleep apnea or PTSD.

The Board found that there is no evidence of a distinct neurological disorder of the upper extremity related to service, and thus denied the Veteran's claim for service connection for heaviness and numbness in the right arm.

The Veteran's service-connected left eye disability is not manifested by incapacitating episodes, a visual field deficit, or corrected visual acuity worse than 20/40. Therefore, the claim for an increased rating for status post blow out fracture of the left eye with mild enophthalmos is denied.

The Board has remanded the case for further adjudication due to inconsistencies in the dates of onset and need for an addendum medical opinion.

The Veteran's anatomical loss of the right eye is currently rated at 40 percent, and a higher rating is not warranted as his remaining left eye visual acuity has never been worse than 20/40.

The Veteran's thoracic strain is currently rated at 20 percent, and the Board finds that his injuries were not incurred in the line of duty due to willful misconduct. The claim for a higher initial rating is denied.

The Veteran's service connection claim for Hodgkin's disease is granted based on presumed exposure to herbicides from setting foot in the Republic of Vietnam.

The Veteran has been granted service connection for residuals from the removal of right lower eyelid basal cell carcinoma and a right eye disorder, including dry eye, keratitis, and corneal deposit. The Board found that these conditions are related to service due to exposure in Iraq and the now service-connected right lower eyelid basal cell carcinoma removal.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted, as the adverse drug reaction resulting in rhabdomyolysis was not reasonably foreseeable by a reasonable provider.

The Veteran's service-connected degenerative joint disease of the feet is currently rated at 30 percent, and the Board finds that this rating adequately reflects the severity of his disability.

The Veteran withdrew his appeal for an increased rating for his claw foot deformity disability prior to the Board's decision.

The Veteran's appeal for special monthly compensation on the basis of aid and attendance criteria has been dismissed due to his death.

The Veteran's death was not service-connected, and he did not have a pending claim for benefits at the time of his death. Therefore, he is not eligible for nonservice-connected burial benefits.

The Board finds that the Veteran's service-connected disabilities, including type II diabetes mellitus, contributed substantially and materially to his death from squamous cell carcinoma of the base of the tongue. The cause of death is therefore granted.

The Board found that the Veteran's metastatic squamous cell carcinoma of the right lymph node did not manifest during service and is not shown to be causally or etiologically related to any disease, injury, or incident in service. Service connection for this condition was denied.

The Board has determined that the Veteran's fatal Acute Myeloid Leukemia (AML) was likely caused by his exposure to herbicide agents in service, and thus grants service connection for the cause of the Veteran's death.

The Board has remanded the case due to questions regarding the validity of the debt and the need for further development, including consideration of additional evidence submitted by the appellant.

The Veteran has withdrawn his appeal for an effective date prior to December 21, 2012, for TDIU.

The Board has granted the Veteran's claim for service connection for polycystic ovary syndrome (PCOS), finding that the evidence is at least in relative equipoise as to whether PCOS is related to active duty service.