Other conditions decisions — 2016

The Veteran's service-connected bilateral collapsed lungs, status post left thoracotomy with bilateral pleurodesis, resulted in a FVC of 80 percent of predicted and FEV1 of 51 percent of predicted since January 10, 2007. The Board denied an initial rating higher than 10 percent for this condition.

The Board found no evidence of a diagnosed disorder manifested by bowel or bladder incontinence and thus denied service connection for these conditions.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for dental disability of upper and lower teeth as a result of VA dental treatment (consisting of the extraction of tooth #16 in 1987) was denied because there was no evidence showing that any dental disability was proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing her post-service treatment.

The Veteran's appeal is being remanded for additional development to assess the current condition of her service-connected disabilities, including anemia and PTSD. The Veteran also testified about increased worsening of symptoms for her migraine headaches.

The Veteran's service connection claim for a choroid plexus papilloma disability manifested by headaches is granted, as the evidence is at least evenly balanced in favor of the Veteran and reasonable doubt must be resolved in his favor.

The Board has determined that the Appellant does not have spina bifida, which is required for benefits under 38 U.S.C.A. § 1805 as a child with birth defects born to a Vietnam veteran due to Agent Orange exposure.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's service-connected undifferentiated carcinoma caused or contributed to his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Board has decided to remand the case for a new VA examination and additional development of records, as the November 2010 VA examiner's report is not sufficient for deciding the claim.

The Veteran's claims for service connection of reflex sympathetic dystrophy and a right pelvic deficiency are being remanded due to the need for additional medical examination and analysis.

The Veteran died from glioblastoma multiforme, which is not a presumptive condition due to Agent Orange exposure. The appellant seeks service connection for the cause of death based on presumed in-service herbicide exposure. The Board has determined that additional development is needed.

The Veteran's appeal is remanded due to the need for additional examination and consideration of outstanding records. The case may also be referred for consideration of an extraschedular rating.

The Veteran's appeal has been withdrawn by his representative, and thus the appeal is dismissed.

The Veteran's monthly compensation payments have been properly calculated according to the current and historical Benefit Rate Tables, with no miscalculations found.

The Board has reopened the Appellant's claim regarding his discharge under other than honorable conditions and found that new evidence supports reopening the case. The issue of whether this discharge is a bar to VA benefits remains pending.

The Veteran's appeal has been withdrawn by the appellant in writing, resulting in the dismissal of his case.

The Veteran's appeal has been dismissed as the appellant's representative requested withdrawal of the appeal.

The Veteran's right trigeminal neuralgia is manifested by moderate incomplete paralysis of the fifth cranial nerve, and he was granted a 10 percent disability rating.

The Veteran's claims for increased ratings for his left and right foot hammer toes, left third toe arthritis, and bilateral hallux valgus were denied as a matter of law due to failure to report for VA examinations in conjunction with these claims. The pseudofolliculitis claim was not granted as the condition did not meet the criteria for a compensable rating under the applicable diagnostic codes.

The Board has remanded the case to VHA for a determination on service connection for dental treatment due to periodontal disease and missing teeth. The Veteran's claim is pending further action.

The Board has denied the Veteran's claims for service connection for a skin disorder and sleep disorder, finding that they are not related to his active service or any service-connected disabilities. The Veteran is also denied an increased disability rating for bilateral hearing loss.