Other conditions decisions — 2017

The Board found that the evidence does not support a finding of service connection for IgA nephropathy, as it is not directly related to service or caused by a service-connected condition.

The Board found that the cause of death, which was cardiopulmonary arrest due to congestive heart failure and respiratory failure, was not caused or contributed substantially or materially to by a service-connected disability. The VA medical opinion provided substantial evidence against finding a relationship between the Veteran's death and his time in service.

The Veteran's claim for a TDIU is denied as he has no service-connected disabilities.

The Board finds that the Veteran's right inguinal hernia residuals and abdominal weakness are not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing the January 2006 surgical treatment. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for further development due to inadequate VA examination and opinions regarding TMJ arthralgia and residuals of right inguinal hernia repair.

The Veteran's appeal was granted, with a rating of 70 percent for PTSD. The right hand condition and respiratory disability claims were not addressed as they are not service connection issues.

The Veteran's appeal is remanded due to the need for a VA examination and obtaining additional treatment records.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling an orthopedic examination.

The Board has remanded the case for additional development due to incomplete records and will reconsider whether new evidence is sufficient to reopen the claim of service connection for a left leg fracture.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's ulcerative colitis is related to service, and thus grants service connection for this condition.

The Veteran's appeal is remanded due to the need for a new examination of his right foot disability, as there may have been an increase in severity since the last examination. The VA will obtain all relevant medical records and schedule the Veteran for a comprehensive physical examination.

The Veteran's claimed cold injury residuals of the upper extremities, low back disorder, and bilateral knee disorders are not service connected as they do not meet the criteria for service connection under direct service connection or secondary service connection.

The Veteran's service-connected residual fecal incontinence has been rated as 10 percent disabling prior to September 20, 2016 and 30 percent thereafter. The Board finds that a rating in excess of 30 percent is not warranted at any point during the appeal period.

The Veteran's appeal is being remanded for further development, including obtaining a VA opinion on the need for higher level of care and conducting an audit of his disability payments.

The Veteran's appeal is remanded due to the need for additional VA treatment records and a VA examination regarding his claimed Chronic Lymphocytic Leukemia. The issues of entitlement to service connection for bilateral hearing loss and CLL are also being remanded.

The Veteran's neurocognitive disorder is found to be a result of his in-service traumatic brain injury (TBI), and the Board grants service connection for this condition.

The Board found that the appellant was not insane at the time of his misconduct, and therefore his discharge under other than honorable conditions is considered a bar to his entitlement to VA benefits.

The Veteran's liver disability (NASH) is found to be caused or aggravated by his service-connected diabetes.

The Veteran's claim for service connection for a left knee disability and allergies was denied as there is no competent evidence of current disabilities or in-service injuries. The Board found that the Veteran did not have a current disability at any time since filing his claim, nor could he establish an injury during service.

The Veteran's cause of death, presumed recurrent squamous cell carcinoma of the right lung due to or a consequence of advanced stage vascular dementia, is not service-connected as it did not initially manifest during or soon after service and is not otherwise related to any non-tobacco-related injury or disease during service. The Board concludes that the preponderance of evidence is against the appellant's claim of service connection for the cause of the Veteran's death.