Other conditions decisions — 2016

The appellant is not recognized as the surviving spouse of the Veteran for VA benefits, and her appeal is denied.

The Board has remanded the case due to the need for a VA examination and additional development of the claims file. The Veteran seeks service connection for residuals of a head injury sustained during active service.

The Veteran's service-connected residuals of a fracture of the right tibia and fibula do not warrant a rating in excess of 10 percent, and he is not precluded from participating in substantially gainful employment due to his service-connected disabilities.

The Veteran's CLL is presumed to be due to herbicide exposure during his service in the Republic of Vietnam. The Board granted service connection for CLL under the presumption of service connection for diseases associated with herbicide exposure.

The Veteran's service connection claims for polyarthralgia and insomnia, as well as loss of sensation in the left arm and shoulder, are granted due to these conditions being attributed to an undiagnosed illness incurred during his military service.

The Board has remanded the case due to insufficient evidence and a need for an examination.

The Board has determined that the Appellant is entitled to Parents' DIC for the period prior to September 21, 2012. Additional information regarding her income from September 21, 2012 onwards is required.

The appeal is being remanded for further action, including scheduling a personal hearing with the Veteran's spouse and notifying her of any changes in address.

The Board finds that the Veteran does not have a current diagnosis of a liver disability and thus, there is no valid claim for service connection.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before a Veterans Law Judge.

The Veteran's mood disorder has been rated at 30 percent since July 2012, and the Board has granted a 70 percent rating effective November 17, 2010.,The Veteran is also entitled to TDIU based on his service-connected disabilities, which have been in effect since November 17, 2010.

The Veteran's duodenal ulcer, status post subtotal gastrectomy and vagotomy is currently rated at 20 percent. The Board found that the evidence does not support a higher rating as there are no symptoms of dumping syndrome or diarrhea.

The Veteran's current 10 percent rating for his fracture of the left fourth metacarpal has been upheld as it is based on the guidance set forth in the rating criteria for Muscle Group IX impairments, which states that a minimum 10 percent rating should be assigned for injuries to this muscle group. The VA examinations have not demonstrated any compensable limitation of motion of the fingers.

The Veteran's recurrent Bell's Palsy is currently rated as 10 percent disabling, the minimum compensable rating. The Board finds that his symptoms more nearly approximate a moderate incomplete paralysis of the seventh cranial nerve.

The Board has remanded the case for further development and consideration of a medical opinion submitted by the appellant's representative.

The Veteran's low back disability is rated at 20 percent prior to October 12, 2012 and denied for a higher rating. The right lower extremity radiculopathy is separately rated at 10 percent effective September 24, 2012.

The Veteran's appeal is being remanded due to an administrative error in the assignment of ratings. The Veteran was initially awarded a 100% rating, but this was later corrected to a 70% rating.

The Board has determined that the Veteran does not have a current disability of pancreatitis or its residuals, and therefore service connection cannot be established.

The Board has remanded the case for additional development, including obtaining private treatment records from Dr. Tri M. Nguyen and readjudicating all issues on appeal.

The Board found that the Veteran's skin disorders, including basal cell carcinoma and squamous cell carcinoma, are not related to his service or presumed exposure to herbicides. The VA examiners concluded that there is no medical basis to support a connection between the Veteran's sun exposure during service in Vietnam and his current skin conditions.