Other conditions decisions — 2016

The Veteran's appeal is being remanded due to his failure to appear for a scheduled videoconference hearing. He was granted medical treatment at a VA emergency room on the day of the hearing.

The Board has remanded the case for additional development, including obtaining service treatment records and VA treatment records. A medical opinion is also needed to determine if lobar pneumonia is related to service, including Agent Orange exposure.

The Board denied the Veteran's claim for an effective date earlier than August 24, 2010 for the addition of his spouse as a dependent to his VA disability compensation award. The decision stated that proof of dependents was not received within one year of notification of the June 2006 rating action granting service connection and a 30% rating.

The Board found that the Veteran's symptoms did not meet the criteria for PTSD and denied his claim of service connection for an acquired mental disorder, including PTSD.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's claim for service connection of a left hand disorder is being remanded due to the need for additional medical examination and evaluation.

The Appellant has withdrawn her appeal regarding the issue of recognition as the spouse of the Veteran for purposes of entitlement to Dependency and Indemnity Compensation benefits.

The Board has determined that the Veteran's residuals of a laceration to his left extensor halluces tendon are service-connected under direct service connection, as it was not caused by willful misconduct and is due to an event not reasonably foreseeable.

The appellant is in receipt of the maximum amount of DIC benefits allowed by law and her claim for a higher rate has been denied.

The Board has determined that the Veteran's service in the waters of Vietnam is at least as likely as not, and therefore, he was exposed to herbicide agents. As a result, his cause of death from multiple myeloma can be presumed to have been caused by his service-connected condition.

The Board has determined that the Veteran does not have a diagnosis of Parkinson's disease and his diagnosed essential tremor is unrelated to any event or injury during service. Therefore, the claim for service connection for a neurological disorder including as due to herbicide exposure is denied.

The Board found that the Veteran's conduct did not amount to fraud, misrepresentation of a material fact, or bad faith. The Committee denied his request for waiver of recovery due to fault in creating the debt and repayment would result in undue hardship.

The Veteran's residuals of a fracture of the fifth metacarpal of the right hand have been rated as non-compensable since February 6, 2014. Effective that date, he is entitled to a 10% rating for painful limitation of motion of the right little finger with X-ray evidence of degenerative arthritis.

The appellant has withdrawn her appeal regarding the claim for nonservice-connected burial allowance, and this case is dismissed.

The Veteran's appeal is being remanded due to the need for additional private treatment records related to his onychomycosis (fungal nail infection).

The Veteran's erectile dysfunction was as at least as likely as not caused by service-connected diabetes mellitus, coronary artery disease, or PTSD. Therefore, the Board finds that service connection is established for loss of use of a creative organ.

The Board has determined that there is no current evidence of a left leg disability, skin disability, or eye disability for which service connection may be granted.

The Veteran's left leg plexopathy is not deemed to be due to VA carelessness, negligence, or similar fault. The Board finds that the risk of nerve damage was reasonably foreseeable and the Veteran understood the risks as evidenced by his signed informed consent form.

The Veteran's claim for TDIU is being remanded due to the need for further development, including completing a VA Form 21-8940 and obtaining a social and industrial survey. The case will be referred to the Director of Compensation Service for consideration of TDIU assignment.

The Board has remanded the case for a hearing before a Veterans Law Judge via videoconference, and to comply with the terms of the Joint Motion for Remand (JMR).