Other conditions decisions — 2016

The appellant's countable annual income, after deductions for unreimbursed medical expenses, exceeds the maximum annual pension rate for improved pension benefits with special monthly pension due to the need for regular aid and attendance. Therefore, his claim for nonservice-connected pension benefits is denied.

The Veteran's claim for an increased rating for the residuals of a shell fragment wound to the left knee and leg was granted, with a current rating of 10 percent. The claim for service connection for arthritis of the right leg is pending. No new evidence has been received to reopen the claim for service connection for arthritis of the left leg.

The Veteran's service-connected respiratory disability, characterized as bilateral pleural calcifications with bilateral diaphragmatic calcifications, has been productive of FEV-1/FVC of 71 to 80 percent throughout the appeal period. This level of impairment warrants a 10% rating.

The Veteran's son is requesting a video conference hearing due to his undeliverable notice. The case has been remanded for scheduling the appellant for a new Board hearing at the address provided in the August 2016 report of contact or another corrected address.

The Veteran's appeal was denied for higher initial ratings for bilateral optic myokymia, a sleep disorder, and IBS. The issues of service connection for these conditions were also denied.

The Veteran's aplastic anemia and non-Hodgkin's lymphoma are related to his in-service exposure to ionizing radiation, which is considered presumptive under VA law.

The Board found that the Veteran's ductal carcinoma, right breast did not manifest during service or within one year of discharge and is not related to her military service. The claim for service connection was denied.

The Board has remanded the case for further development regarding the Veteran's claim of service connection for stomach cancer, including consideration of exposure to herbicides and toxic chemicals.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for the cause of the Veteran's death. The Board also found in favor of the appellant, finding that exposure to herbicides during military service may have contributed to the Veteran's pancreatic cancer, which caused his death.

The Board has decided to remand the case due to incomplete development of evidence, particularly regarding the Veteran's exposure to contaminated water at Camp Lejeune and his liver disease. The appellant is asked to provide information about all treatment providers for her husband's liver disease since 1994.

The Veteran's claim for service connection for transient ischemic attack/ischemic stroke, to include as due to Agent Orange exposure, is being remanded for additional development.

The Veteran's appeal is being remanded for further development to determine if he had substantially gainful employment prior to June 2010, which would affect his claim for an earlier effective date for Total Disability Rating Based on Individual Unemployability.

The Board has granted service connection for peripheral vascular disease of the right lower extremity with an initial 60 percent rating effective March 30, 2009. The claim for service connection for peripheral vascular disease of the left lower extremity was denied as not having been filed prior to November 10, 2010.

The Veteran's appeal is being remanded due to the failure to provide notice of a scheduled Travel Board hearing at his current address. The case will be returned for further appellate action after the Veteran provides testimony.

The Board finds that the Veteran's death was not caused by VA treatment, and there is no evidence of fault on the part of VA. Therefore, the claim for DIC under 38 U.S.C.A. § 1151 is denied.

The Veteran's claim for special monthly pension benefits was granted effective February 28, 2011. The Board finds that an earlier effective date is not warranted and denies the request.

The Veteran's right tonsillar cancer, presumed to be due to exposure to Agent Orange during service, is granted for accrued benefits purposes. The cause of the Veteran's death was also found to be related to his service-connected right tonsillar cancer.

The Board has determined that the son is entitled to VA assistance in achieving a vocational goal due to his severe spina bifida and related conditions, which make it feasible for him to prepare for and participate in vocational training or employment.

The Veteran's additional disability of the right lower extremity is not deemed to be caused by VA carelessness, negligence, or fault. The Board finds no evidence that the March 2012 Keller arthroplasty procedure was performed improperly.

The Veteran's conjunctivitis was rated at 10 percent prior to September 22, 2010; 20 percent from September 22, 2010 to August 18, 2012; and 30 percent as of August 18, 2012.