Other conditions decisions — 2017

The Board found that the Veteran's TMJ disorder is not service-connected as it did not result from her in-service dental treatment and does not constitute a resultant disability.

The Board has determined that the Veteran's right great toe disability is not related to his service and cannot be considered secondary to any service-connected conditions. The claim for service connection is therefore denied.

The Board has remanded the case due to issues with the issuance of a Statement of the Case (SOC) for burial allowance and the appellant's request for a travel Board hearing. The claims are being returned to the RO for these matters.

The Veteran's service-connected left and right foot skin conditions have been granted initial noncompensable disability ratings, which the Board has determined to be appropriately increased to 30 percent each.

The Board has remanded the case for additional development, including scheduling a VA examination and Social and Industrial Survey. The issues of service connection for nerve damage to the back and lower extremities are inextricably intertwined with the claim for an increased rating for low back strain.

The Veteran's PUD is currently rated at 20 percent, and the Board finds that this rating adequately compensates his disability. The Veteran does not meet the schedular requirements for TDIU due to his service-connected disability alone. However, the evidence does not show he is unable to secure or follow a substantially gainful occupation.

The Veteran's pleural plaques were not found to warrant a compensable rating, and his TDIU claim was also denied.

The Veteran's claim for special monthly pension based on the need for aid and attendance was denied in October 2006, which became final. A new claim was filed in September 2010 resulting in a grant of special monthly pension effective September 28, 2010. The Board found that an earlier effective date is not warranted.

The Veteran's claim for service connection for throat cancer resulting from in-service asbestos exposure is being remanded due to the need for additional development and consideration of new evidence.

The Veteran's TIA was not proximately caused or aggravated by VA treatment, and the Board finds that he did not incur an additional disability as a result of VA medical care.

The Veteran's countable income was below the maximum annual pension rate for 2009, but exceeded it in subsequent years. The Board denied his claim as a matter of law due to his exceeding income limits.

The Veteran's service-connected right ring finger injury residuals are rated as 0 percent disabling, and a separate rating of at least 10 percent for right hand manifestations associated with the disability is granted. The case is REMANDED to consider a potentially higher rating.

The Veteran's appeal is being remanded to obtain updated VA examinations and to ensure all relevant records are obtained. The issues of service connection for various conditions, including those related to his military service in the Persian Gulf War, will be addressed.

The Veteran's service-connected panic disorder with agoraphobia has resulted in occupational and social impairment with deficiencies in most areas since February 5, 2010. The Board granted a 70 percent evaluation for the period on appeal.

The Veteran's appeal is remanded due to the need for additional examinations and updated VA treatment records. The claim will be reconsidered based on all evidence.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits due to her divorce from the Veteran in 1987, which was not due to misconduct.

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

The Board denied the appellant's request to be recognized as the Veteran's surviving spouse for purposes of DIC benefits, pension, and accrued benefits due to her divorce from the Veteran in July 1975. The additional evidence submitted did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that a new VA medical opinion is needed to assess whether the Veteran suffers from hyperhidrosis, with associated rhabdomyolysis or any other type of related disorder, as a result of his service. The case will be remanded for this purpose.

The Veteran's dental condition, manifested by replaceable missing teeth due to periodontal disease, is not eligible for compensable under the Rating Schedule and therefore cannot be considered service-connected for compensation purposes. The claim is denied.