Other conditions decisions — 2016

The Veteran's service connection claim for retinal laser burn in the left eye is granted as there is evidence of a current disability, in-service exposure to lasers, and a nexus between the two.

The Veteran's appeal is being remanded to obtain a VA opinion regarding the relationship between his appendiceal and colonic cancer, presumed due to herbicide exposure in service, and his active service. Additionally, DIC claims are also being remanded for further development.

The appeal has been dismissed as the appellant requested withdrawal of her appeal.

The Veteran's right testicle was removed due to service-connected conditions, leaving him with a nonfunctioning left testicle. The Board has determined that the highest schedular rating available under DC 7524 of 30 percent is warranted for his traumatic epididymitis with postoperative right orchiectomy.

The Veteran's hallux valgus deformity with hammertoes on the second and third toes is currently rated at 10 percent, which is the maximum schedular rating available for this condition. The disability does not meet or approximate the criteria for a higher rating as it does not include manifestations of malunion or nonunion of the tarsal or metatarsal bones, nor is there clinical evidence of flatfoot, weak foot, claw foot, or metatarsalgia.

The Board has found that there has not been substantial compliance with the November 2013 remand instructions pertaining to the opinion regarding the etiology of the Veteran's diagnosed psychiatric condition. Therefore, a remand is required.

The Veteran's claim for an effective date earlier than June 12, 2012, for the grant of special monthly compensation (SMC) at the level of 38 U.S.C.A. § 1114(r)(2) was denied as there is no basis to award SMC prior to that date due to lack of need for regular aid and attendance based on service-connected disabilities.

The Veteran's income exceeded the maximum annual pension rate for special monthly pension based on need for aid and attendance prior to his death, thus denying entitlement to this benefit.

The Veteran's appeal is denied as his left index finger disability does not meet the criteria for a rating higher than 10 percent.

The Veteran's initial evaluation for status post head injury with cerebral atrophy is being remanded due to the equitable relief granted by the VA Secretary for Veterans with a TBI. The case will be reprocessed and readjudicated.

The Veteran's appeal is being remanded for additional examinations and development due to his failure to report for scheduled VA examinations. The issues include service connection for a urinary tract disorder, claimed as a urethral stricture, and a right foot disorder secondary to residuals of a left second metatarsal stress fracture.

The Veteran's service-connected resection spur and arthroplasty of the calcaneocuboid joint of the left foot is appropriately rated at 20 percent, representing marked limitation of motion.

The Board denied service connection for invasive urothelial carcinoma and colon villous adenoma, finding that the conditions were not incurred in or aggravated by active service, including as due to in-service exposure to herbicide agents.

The Board has remanded the case due to the failure to issue a Statement of the Case (SOC) regarding the claim for entitlement to payment or reimbursement of private medical expenses incurred on April 22, 2015. The Veteran is advised of the procedural requirements to perfect an appeal and will be provided with a SOC if a timely appeal is filed.

The Board has granted service connection for the Veteran's right thumb injury, status post ORIF, and assigned an initial noncompensable rating. However, considering the evidence of record, including his complaints of pain and decreased strength, the Board finds that a compensable rating is warranted based on painful motion.

The Veteran withdrew his appeal for service connection for spondylolisthesis.

The Veteran's skin disability is presumed due to herbicide exposure during service. The Board has ordered a remand for further examination and opinion regarding the etiology of his current skin disability.

The Board denied the appellant's appeals for earlier effective dates and higher awards of nonservice-connected disability and death pension, finding that no claims were filed prior to specific dates and that there was no justiciable case or controversy.

The Board has remanded the case to allow the Veteran to have a personal hearing before a Veterans Law Judge at the RO (Travel Board). The Veteran was initially scheduled for a Travel Board hearing on November 20, 2015 but failed to appear due to being robbed and beaten. He requested rescheduling of this hearing.

The Board has determined that the Veteran is competent to handle disbursement of VA funds and restored his competency status.