Other conditions decisions — 2016

The Veteran's bilateral Achilles tendonitis is etiologically related to service, and the Board grants the appeal for service connection.

The Veteran's bilateral radical mastectomy involved the excision of the pectoral fascia en mass bilaterally, resulting in a 80 percent disability rating for residuals of left breast cancer. The injuries to Muscle Group XIX with muscle loss and weakness, abdominal bulge, ischemic small bowel obstruction with peritonitis, hemoperitoneum, and abdominal pain, as well as the ruptured uterus with hematoma are all secondary to her service-connected left breast cancer.

The Veteran's appeal is being remanded due to the need for a new examination of his left hip disability and consideration of his TDIU claim.

The Veteran's cancer of the larynx is presumed to have been incurred due to herbicide exposure during his service in Thailand. As he was exposed to herbicides, and had a current diagnosis of larynx cancer, service connection for the cause of death is granted.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Naples Community Hospital on July 23 and August 11, 2012 is being remanded due to the need to provide documentation showing that the Veteran had coverage under a health-plan contract for payment or reimbursement of the emergency treatment received.

The Board has denied the Veteran's claims for an initial disability rating in excess of 0 percent for malaria, service connection for hypertension secondary to PTSD, and service connection for hypertensive cardiomyopathy with congestive heart failure (CHF) secondary to PTSD. The claim for service connection for ischemic heart disease (IHD) due to in-service herbicide exposure has not been adjudicated as it was not raised by the Veteran.

The Veteran is seeking payment for unauthorized medical services provided by [redacted] from November [redacted], 2012 to November [redacted], 2012. The appeal has been remanded due to the need for additional development, including obtaining VA treatment records and information about Medicare coverage.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the nature and etiology of the Veteran's right homonymous hemianopia. The appeal will be reconsidered after this development.

The Veteran's loss of the larynx is considered an additional disability resulting from VA's failure to timely diagnose and treat his laryngeal squamous cell carcinoma, which resulted in a total laryngectomy. The Board finds that this meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the appellant's bad conduct discharge is a bar to receiving VA benefits, including participation in the Veterans Retraining Assistance Program (VRAP).

The Board has determined that there is no evidence of residuals from a cold injury to the ears, and thus service connection for this condition cannot be granted.

The Veteran was granted service connection for a TMJ disorder with an effective date of October 30, 1997. This is the earliest possible effective date as it falls within one year of her separation from active duty.

The Veteran's claim for higher ratings for his low back disability and associated radiculopathy was granted, with a 20 percent rating assigned for the lumbar spine condition. The claims for right and left lower extremity radiculopathy were also granted, but only at 10 percent prior to June 23, 2014.

The Board denied service connection for a thoracic spine disability and the claim for an increased rating for intermittent abdominal pain with constipation and diarrhea (postgastrectomy syndrome). The Veteran's current thoracic spine disability is not related to his military service.

The Veteran's claimed residuals of a lightning strike are not considered related to service, and the Board finds that these conditions were not incurred or aggravated by active duty.

The Veteran's claims for increased ratings for left knee patellar chondromalacia and meniscal tear were denied. The reduction in the disability rating for PTSD was also denied.

The Veteran's shin splints and knee disabilities, including a torn meniscus in the right knee, have been granted service connection. The initial ratings of 10% for each condition are maintained throughout the appeal period.

The Board has determined that the Veteran's esophageal cancer is related to his exposure to herbicides during service in Vietnam, and thus grants service connection for this condition.

The Board denied service connection for right, left arm disabilities, right and left hand disabilities, and right and left leg disabilities, all to include as secondary to a seizure disorder and blackouts.

The Veteran's service-connected prostatitis is rated at a 30 percent disability rating, effective from April 2007. The condition manifests as urinary retention requiring intermittent or continuous catheterization.