Other conditions decisions — 2017

The Veteran's service connection claim for Acute Myelocytic Leukemia, claimed as due to exposure to contaminated water at Camp Lejeune, is granted under the presumption of service connection.

The Board found that the Veteran did not have a left eye or right eye injury during service, and there is no evidence of any current left eye or right eye disability. The respiratory disorder was first diagnosed many years after service and is not linked to service.

The Veteran has withdrawn her appeal regarding the service connection claim for a disability of the left lower leg, to include left gastrocnemius muscle strain. As a result, the Board dismisses the appeal.

The Board found that the appellant's entire period of service from September 1986 to May 1992 constituted one period of service and determined it ended with an OTH discharge due to willful and persistent misconduct. This precluded payment of VA benefits related to this period.

The Board is remanding the case to obtain additional VA treatment records and to conduct any necessary development, including providing a contemporaneous VA examination.

The Veteran's current symptoms of right shoulder pain, stiffness, popping, locking, tingling, and numbness are attributed to a later diagnosed intercurrent condition (chronic supraspinatus tendonitis), rather than the service-connected right clavicle fracture. As such, she does not meet the criteria for a higher rating based on her current disability.

The Board has determined that the Veteran's current urinary/bladder disability is not related to his service-connected lumbar spine disability, and thus denied his claim for service connection.

The Board has determined that the appellant does not meet the definition of a 'Veteran' for VA compensation benefits and, therefore, is not eligible to any VA benefits.

The Veteran's claim for benefits under the provisions of 38 U.S.C.A. § 1151 is granted as he sustained an additional disability of a diastasis recti incisional hernia following his August 2007 cystgastrostomy at the Milwaukee VA Medical Center, which was caused by lack of informed consent and not due to negligence or similar fault on the part of the facility.

The Board denied the Veteran's claim for an extraschedular rating based on the combined effects of multiple disabilities, finding that his service-connected right index finger and left long trigger finger disabilities are adequately rated under the available schedular criteria.

The Veteran's and his wife's annual expenses exceeded their income prior to February 1, 2017. The Board determined that the Veteran's net worth was not a bar to receiving nonservice-connected pension with special monthly pension based on the need for aid and attendance.

The Board found that the Veteran does not have a current diagnosed condition of memory loss or cognitive impairment, and thus denied his claim for service connection.

The Board found that the Veteran's ulcerative colitis was aggravated by his second period of active duty service, but denied service connection for arthritis of multiple joints. The decision is mixed as it granted one issue and denied another.

The Board has determined that the Veteran's residuals of right salpingectomy do not require continuous treatment and therefore, a compensable rating is not warranted under Diagnostic Code 7614.

The Veteran's current marriage to BF is legally recognized and additional compensation for her as a dependent spouse is granted.

The Board found no evidence of a current gastrointestinal disorder, swollen lymph nodes, or infertility. The Veteran's service treatment records were silent for these conditions and post-service medical records did not confirm their existence.

The Veteran's claim for service connection for a skin disorder is being remanded due to the need for an adequate VA examination and medical opinion, as well as additional development of her claims file.

The Veteran's appeal has been withdrawn by his representative, resulting in the dismissal of the case.

The Veteran's appeal for a higher disability rating for residuals, status post treatment for adenocarcinoma of the prostate was denied as there is no evidence of recurrence or metastasis. The current condition does not warrant an evaluation in excess of 40 percent.

The Veteran's bilateral hallux valgus resulted in joint pain that impaired his ability to stand, warranting separate 10% ratings for each foot.