Other conditions decisions — 2016

The Veteran's request for a Board hearing in Washington, D.C. has been changed to a videoconference hearing at the Baltimore RO due to his preference. The case is being remanded for this change.

The Veteran seeks service connection for rectus diastasis, which he claims is secondary to his service-connected prostate cancer. The VA examiner found that the rectus diastasis is not related to military service and did not find it was caused by or aggravated by the service-connected prostate cancer.

The Board found that the Veteran's cause of death, Creutzfeldt-Jakob Disease (sCJD), was not incurred during active service and denied the claim for service connection.

The Board has decided to remand the case for further development, including verifying periods of active duty and inactive duty training with the Illinois Army National Guard, obtaining service treatment records from those periods, and securing a VA opinion regarding the etiology of the Veteran's peripheral vascular disease.

The Veteran's service connection claims for diplopia, heat intolerance, neck spondylosis, a prostate condition, and an umbilical hernia have been granted. The Veteran is also awarded a noncompensable rating for his bilateral flat feet.

The Board has determined that additional development is needed to determine if the Veteran's death was caused by a service-connected disability or if it should have been service connected. The appellant must provide information about any medical treatment received for her husband during his lifetime, including terminal care records.

The Board has granted a 20 percent rating for the Veteran's service-connected TMD since October 15, 2012. Prior to that date, he was rated at non-compensable.

The Veteran's appeal is denied as he does not meet the legal requirements for additional educational assistance benefits under Chapter 33, Title 38 United States Code (known as the Post-9/11 GI Bill).

The Veteran's former representative is potentially entitled to fees in the amount of $1,117.20 for attorney services. The appeal is REMANDED due to a hearing request and other simultaneous contested claims.

The Board found that the Veteran's conditions have most closely approximated slight instability and flexion limited to at least 95 degrees, but extension limited to 5 degrees. The preponderance of evidence does not support a higher rating.

The Board has determined that the Veteran's left arm disability, including peripheral nerve condition and muscle weakness, is related to his service-connected squamous cell carcinoma of the base of tongue, status post tonsillectomy and left neck dissection or Parkinson's Disease. As such, the claim for secondary service connection is granted.

The Veteran's claim for service connection for insomnia was denied, while his claim for a higher initial rating for left foot ligamentous injury was granted and assigned a 10 percent disability rating.

The Board has remanded the case for additional development due to a lack of compliance with previous instructions regarding asbestos exposure. The appellant's claim will be reconsidered based on the new evidence and opinions.

The Veteran's agoraphobia resulted in occupational and social impairment with reduced reliability and productivity, warranting a rating of 30 percent prior to May 2, 2008.

The Veteran's claim for an initial compensable disability rating for his service-connected residual paresthesia, status post laceration to the left middle finger, was granted with a 20 percent disability rating effective March 10, 2009. The issue of whether basic eligibility criteria to establish entitlement to nonservice-connected disability pension benefits have been met is addressed in the REMAND portion and is REMANDED.

The Veteran's left thigh GSW residuals are characterized by symptoms and a disability picture consistent with a severe injury to Muscle Groups XIV and XV, including muscle atrophy, pain, weakness, reduced function in the hip and knee joints, and retained foreign bodies. The right thigh GSW residuals are characterized by symptoms and a disability picture consistent with a moderately severe injury to Muscle Group XV, including muscle atrophy, pain, weakness, and reduced function in the hip and knee joints.,Since June 2, 2005, the Veteran's service connected disabilities include PTSD rated as 70 percent disabling; GSW residuals of the left thigh rated as 40 percent disabling; and GSW residuals of the right thigh rated as 30 percent disabling. The combined disability rating is 90 percent.

The Board has determined that the Veteran does not have a current eye disability that is due to service or a service-connected condition, and thus denied her claim for service connection.

The Veteran's claim for a higher rating for his service-connected scar on the left side of his neck is denied as it does not meet the criteria for a higher evaluation under the applicable VA rating schedule.

The Board has granted service connection for arthritis of the thoracic spine on a presumptive basis, as the Veteran experienced continuous symptoms since service separation and arthritis is considered a chronic disease under VA regulations.

The Veteran's BUE tremors were not shown to have started during service or within one year of separation, and there is no evidence linking them to military service. The Board finds that the preponderance of the evidence does not support a finding of service connection.