Other conditions decisions — 2017

The Board has granted a 30 percent rating for post-operative hiatal hernia and a separate 30 percent rating for esophageal stricture, both associated with the service-connected hiatal hernia. The Veteran's symptoms of recurrent epigastric distress, dysphagia, pyrosis, regurgitation, substernal pain, anemia, weight loss, and intermittent spasms have been found to warrant these ratings.

The Board has determined that the appellant does not meet the eligibility requirements for nonservice-connected death pension benefits or VA burial benefits due to lack of service-connected disability and no pending claims at the time of the deceased's death.

The Board has remanded the case for scheduling a hearing before a Veterans Law Judge and notifying the Appellant of the date, time, and location of the hearing.

The Board found no current diagnosis of a dairy allergy and denied service connection for the claimed dairy allergy. The Board also found that the Veteran's decreased sensation of the left lateral 4th toe is not related to her service-connected left ankle disability.

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

The Veteran's claim for service connection was received on February 4, 2014. The effective date of the award cannot be prior to this date as it is later than the date entitlement arose.

The Board has determined that the appellant did not file a timely notice of disagreement regarding the March 2015 rating decision denying service connection for the cause of the Veteran's death. As such, the March 2015 decision is final.

The Board has remanded the case for additional development, including a new VA examination to determine the etiology of the Veteran's left eye disabilities and whether they are related to service.

The Veteran's overpayment of benefits was due to a warrant for obstruction of justice, not fleeing from justice. The Board found that the Veteran did not meet the definition of a fugitive felon and thus denied the waiver request.

The Board has granted service connection for the cause of the Veteran's death due to a strongyloides infection, which is considered new and material evidence.

The Veteran's claim for an earlier effective date for the grant of non-service-connected pension benefits is denied as his claim was filed on May 5, 2016.

The Veteran's cause of death (pneumonia, sepsis, and respiratory failure) is not related to service or any service-connected disabilities. The Board finds that the preponderance of evidence does not support a finding that the Veteran's service-connected conditions contributed substantially or materially to his death.

The Veteran's claim for an increased evaluation and earlier effective date for her service-connected scoliosis of the thoracic spine with degenerative changes, IVDS, and bowel dysfunction was granted. She is currently assigned a 10 percent disability rating, effective April 20, 2011.

The Veteran's cause of death, pulmonary fibrosis, is found to be related to service due to asbestos exposure.

The Board has reopened the Veteran's claim for service connection for a low back disorder, but has determined that new and material evidence has not been received to substantiate the merits of the claim. The decision is mixed as some issues are granted while others are denied.

The Veteran's muscle and joint pain, fatigue, and chronic sore throat are considered to be due to a qualifying chronic disability. The Veteran's sleep disorder is service connected.

The Veteran's right sinus tarsitis and tibialis tendinitis are related to service, and the Board has granted service connection for these conditions.

The RO denied the appellant's apportionment claim and remanded the case for further action due to procedural issues.

The Veteran's right thigh and hip disabilities have been rated based on their current functional limitations. The Board finds that the evidence does not support a higher rating for either condition, as the flexion of the right thigh is currently limited to 45 degrees or less (10% rating) and the extension of the right hip is currently limited to 10 degrees (non-compensable).

The Board has denied the Veteran's claims for service connection for a left foot disorder and a chronic disability manifested by loss of vision. The evidence does not support a finding that these conditions were incurred in or caused by service.