Other conditions decisions — 2016

The Board has dismissed the appeal due to the appellant's death during the pendency of the appeal.

The Veteran's death was caused by VA medical treatment, specifically the use of local anesthetic during surgery. The Board found that this event was not reasonably foreseeable and granted DIC benefits under 38 U.S.C.A. § 1151 for the cause of the Veteran's death as a result of medical treatment provided by the Department of Veterans Affairs.

The Veteran's claim for nonservice-connected pension benefits has been denied due to his income exceeding the maximum annual pension limits. The case is being remanded for further development of medical expense information.

The Veteran's onychomycosis affects less than five percent of his total body area and exposed areas, and has not been treated with systemic therapy such as corticosteroids or other immunosuppressive drugs. The Board finds that the disability does not meet the criteria for a higher rating.

The Veteran's appeal has been withdrawn by his representative, and the case is dismissed.

The Veteran's bladder outlet obstruction and benign prostatic hypertrophy are found to be aggravated by his service-connected diabetes mellitus, and thus granted.

The Board has determined that there is no verified service in the United States Armed Forces for the appellant's husband, and thus he does not qualify for a one-time payment from the FVEC Fund.

The Board has remanded the case for further development, including obtaining VA treatment records and providing new VA examinations. The Veteran's claim is being returned to the AOJ for consideration.

The Board has determined that the Veteran's right elbow disability is not related to his service and therefore denied his claim for service connection.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's thoracic outlet syndrome of the median nerve in both upper extremities has been rated at 10 percent since February 11, 2011. The condition is currently manifested by mild incomplete paralysis.

The Veteran's service-connected bilateral onychomycosis and onychocryptosis are rated at a 10 percent disability rating, the highest available under Diagnostic Code 7804 for painful scars. The condition affects less than five percent of total body area and does not require systemic therapy or affect daily activities.

The Veteran's claim for service connection for adenocarcinoma, claimed as lung cancer, secondary to Agent Orange exposure is being remanded due to uncertainty regarding the ship's location during his service in Vietnam.

The Veteran's appeals regarding increased ratings for left carotid artery surgery, left upper extremity weakness and numbness, and bilateral lower extremity numbness have been withdrawn. The issues are dismissed.

The Board found that the appellant's preexisting bilateral cataracts did not permanently increase in severity beyond their natural progression during his period of ACDUTRA, and thus denied service connection for a right eye disability.

The Veteran's appeal is remanded for a new VA medical examination of her knees to assess the current condition and impairment in each knee, including detailed findings such as ranges of motion in active and passive motion, weight-bearing, and non-weight-bearing. The examiner should also address additional functional impairment due to pain, weakness, fatigability, or incoordination.

The Board has dismissed the appeal as no Substantive Appeal was filed by the appellant, who did not have an accredited representative and signed a VA Form 9 that was not properly executed.

The Veteran's death was caused by metastatic nasopharyngeal cancer. The appellant contends that this condition is related to his presumed exposure to herbicides during service, but a VA medical opinion is needed to determine the etiology of the cancer.

The Board denied the Appellant's claim for recognition as the Veteran's surviving child for the purposes of establishing eligibility for DIC, death pension, and accrued benefits due to her not meeting the definition of a 'child' as required for such eligibility.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that her marriage to the Veteran was not valid and she did not cohabitate with him.