Other conditions decisions — 2017

The Board denied the appellant's claim for VA benefits based on a period of service from August 24 to November 6, 1998, finding that her discharge was due to fraudulent enlistment and constituted a bar to VA compensation benefits.

The Veteran's exertional compartment syndrome of the right and left lower legs has been found to meet criteria for a 20 percent evaluation since October 20, 2016.

The Board has determined that the Veteran is not competent to handle his own funds without limitation, and therefore does not meet the criteria for restoration of competency.

The Veteran's claim for an earlier effective date for a 30 percent rating for post-operative residuals of a right mastoidectomy is denied as the earliest possible effective date is August 25, 2005.

The Veteran's claims for higher disability ratings for left TMJ disorder and chronic low back strain are being remanded due to procedural issues, including the need to issue an SOC on whether a timely substantive appeal was filed with respect to the chronic low back strain claim. The Veteran is also required to undergo VA examination to assess the current severity of his left TMJ disorder.

The Board has remanded the case for further development, including providing the appellant with VA Form 21-5427 to determine her net worth and readjudicating the claim based on the response.

The Board found that the Veteran's squamous cell cancer of the tonsil did not manifest in service and was unrelated to any disease, injury or event in service, including presumed exposure to herbicide agents. The opinion from a medical specialist concluded that the Veteran's head and neck cancer is more likely related to his history of smoking and alcohol abuse rather than Agent Orange exposure.

The Board has determined that further development is needed to assess the Veteran's claim of service connection for residuals of colon cancer, including consideration of exposure to ionizing radiation during his military service.

The Veteran's residuals of gall bladder removal are currently rated at 10 percent, effective from August 10, 2010. The Board finds that a higher rating is not warranted prior to this date.

The Board denied service connection for metatarsalgia of both feet and granted a non-compensable rating for trochanteric bursitis of the right hip prior to May 4, 2015. The Veteran's retinal detachment of the left eye is addressed in the REMAND portion.

The Board has determined that the Veteran's current claim for service connection is a new claim based on distinct factual bases, and thus no new and material evidence is required. The case is now remanded to obtain VA treatment records and provide an examination to determine if the Veteran's low back disability is related to his in-service injury.

The Board has remanded the case due to a hearing request not being scheduled. The appellant and appellee have been notified of the need for a hearing before the Board at the RO.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of pension benefits in the amount of $120,511.00 due to his failure to accurately report his net worth and income at the time of application for pension.

The Board has remanded the case due to a scheduling issue for a videoconference hearing. The Veteran's claims of service connection and increased ratings are pending.

The Veteran seeks service connection for a cervical spine disorder. The Board has determined that the current VA medical opinion is inadequate and requires further examination to determine if his current condition is related to service.

The Veteran's dental disability, including gingival recession and periodontal disease, is not service-connected for compensation purposes. However, he is eligible for Class IV VA outpatient dental treatment based on his combined schedular rating of 100 percent.

The Board finds that the Veteran's substantive appeal was timely filed, and thus the claims for service connection for ischemic blood vessel disease and dementia; entitlement to special monthly compensation based on aid and attendance/housebound; and earlier effective date for PTSD are all granted.

The Board denied the Veteran's claim for service connection for adenocarcinoma of the stomach with metastasis to the abdomen/omentum, finding that it was not incurred or aggravated by service and did not manifest within one year of separation. The evidence considered included service treatment records, a VA medical opinion, and lay statements.

The Board finds that the evidence is in equipoise as to whether the Veteran's service-connected disabilities caused or contributed substantially to his death. Therefore, service connection for the cause of the Veteran's death has been granted.

The Veteran's left foot disability, characterized by pain and limited dorsiflexion of the ankle, was granted a 20% disability rating effective September 26, 2013.