Other conditions decisions — 2016

The Veteran's appeal is being remanded due to technical issues with the hearing transcript and a need for another hearing before a Veterans Law Judge.

The Board denied the Veteran's claims of entitlement to an increased initial rating for his service-connected left varicocele, as well as his requests for earlier effective dates and service connection for bilateral hearing loss. The current 10 percent evaluation assigned under Diagnostic Code 8530 (paralysis of the ilio-inguinal nerve) is considered appropriate.

The Board found that the Veteran's current respiratory disorder is not related to service, specifically his in-service asbestos exposure. The VA examiner opined that there was no evidence of asbestosis and that the Veteran's COPD alone is sufficient to account for recurrent episodes of pneumonia.

The Veteran's service-connected residuals of a left foot fracture with tendonitis are manifested by symptoms such as pain, swelling, stiffness, fatigability, lack of endurance, and inability to stand or walk for long periods. The Board has determined that these symptoms warrant a 20 percent rating.

The Veteran's pre-existing ventral hernia was aggravated by a January 2009 nephrectomy, but the VA examiner concluded that this was not an additional disability due to surgery. The Board is remanding for further clarification on whether the hernia was aggravated or merely a post-operative complication.

The Veteran seeks service connection for infrahyoid epiglottis squamous cell carcinoma, which he claims is due to radiation exposure and/or herbicide exposure. The Board has determined that additional development is needed to determine the extent of his exposure to herbicides in Vietnam.

The Veteran's claim for an earlier effective date of July 10, 2009 is granted as his service-connected recurrent ventral hernia warrants a 100 percent rating since that date.

The Board found that the Veteran's current chronic obstructive and hypertrophic obstructive cardiomyopathies are not related to service or a service-connected disability, and thus denied his claims for service connection.

The Board grants payment of Chapter 35 benefits as of August 22, 2012 for the Appellant's courses of study prior to September 30, 2012.

The Board has decided to remand the case for further development, including a VA examination and opinion regarding the cause of the Veteran's death. The appellant is seeking service connection for the cause of her husband's death due to colon cancer, which she believes was caused by his service in Southwest Asia.

The Veteran's claim for increased ratings for seventh facial cranial nerve palsy was denied as the evidence did not show complete paralysis of the nerve, which is required for a higher rating.

The Veteran's disabilities do not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board has granted service connection for neurological residuals of a left Muscle Group I injury as secondary to the Veteran's shell fragment wound to the upper thoracic spine with injury to Muscle Group I and degenerative arthritis. The issue regarding a left upper extremity disability other than neurological residuals remains on appeal.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to address the relationship between his service-connected right leg fracture and other conditions.

The Board found that the Appellant was not insane at the time of his offenses, and thus his character of discharge does constitute a bar to VA benefits.

The Board has determined that the Veteran does not have a current dental or oral condition manifested by bruxism, and thus service connection for this condition is denied.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board has determined that there is no evidence of a current chronic respiratory disorder and thus the claim for service connection for a respiratory disorder is denied.

The Board's March 8, 1984 decision is revised and the Veteran is granted a stabilization rating greater than 50 percent for his cognitive disorder and TDIU.