Other conditions decisions — 2017

The Board found that the Veteran's current lung disabilities, including his partial left lung resection and inflammatory fibrosis, did not have their onset during service or due to in-service exposure. The lung problems were determined to be unrelated to service.

The Veteran sustained an esophageal perforation during a VA-provided EGD procedure. The Board found that the perforation was not caused by any fault on the part of VA and denied compensation under 38 C.F.R. § 1151.

The Veteran's claim of entitlement to service connection for a left lower extremity disability is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination. The issue of whether new and material evidence has been received sufficient to reopen her claim of entitlement to service connection for a left lower extremity disability remains pending. Her claim of entitlement to service connection for a right knee disability is also being remanded.

The Board has determined that the Veteran is not entitled to an earlier effective date for service connection and has granted a 40 percent evaluation for bone loss and teeth removal secondary to radiation exposure prior to July 27, 2012.

The Veteran's spinal stenosis has not resulted in unfavorable ankylosis of the entire thoracolumbar spine, and thus a higher rating is denied. The issue of entitlement to separate ratings for neurologic abnormality associated with spinal stenosis is remanded.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran's right fourth finger Dupuytren's contracture has been manifested by pain, stiffness and difficulty holding objects. However, there is no evidence of amputation without metacarpal resection at the proximal interphalangeal joint or proximal thereto. Therefore, a compensable rating for this condition was denied.

The Veteran's appeal is being remanded due to her relocation and the need for a Board hearing at the Montgomery RO.

The case is being remanded for initial consideration of new evidence and a supplemental statement of the case.

The Veteran's claim for service connection for basal cell carcinoma and squamous cell carcinoma is being remanded due to the need for additional medical examination and opinion regarding the etiology of these conditions, particularly in relation to herbicide exposure during service.

The Veteran is granted an initial disability rating of 60 percent for his service-connected skin disability (multiple fungal infections) and a grant of service connection for PTSD, with a maximum schedular rating of 70 percent. The Veteran's skin condition warrants the highest available rating under Diagnostic Code 7806 due to constant or near-constant systemic therapy required to treat all of his fungal infections. For PTSD, the Veteran is granted a 70 percent disability rating based on occupational and social impairment with deficiencies in most areas.

The Veteran's distal ulnar neuralgia is rated at 10 percent, the highest available rating for this condition. His right hand disability remains at a noncompensable rating due to limitation of motion not meeting criteria for higher ratings.

The Veteran's adjustment disorder with depressed mood resulted in occupational and social impairment, warranting a 70 percent disability rating.

The Board found that the Veteran's irrevocable election for Post-9/11 GI Bill benefits was not properly completed, resulting in a denial of his claim.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this case.

The Veteran's right ulnar nerve disability, as a residual of a dislocated right elbow, is rated at 40 percent disabling. The Board found that the current rating adequately reflects the severity of his condition.

The Veteran's appeal involves claims for service connection for Hodgkin's lymphoma and a blood clot disorder of the left leg. The Board has ordered additional development, including obtaining personnel records to confirm active service in southwest Asia and seeking an opinion on whether the Veteran's conditions are related to his service.

The Board has ordered a remand due to the failure of the AOJ to comply with previous directives, including obtaining VA treatment records and providing an addendum medical opinion from the June 2015 examiner.

The Veteran has additional disability as a result of the March 2013 CBT resection, but this additional disability is not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing the surgical treatment. The additional disability was also a reasonably foreseeable outcome of this procedure.

The Veteran is seeking service connection for onychomycosis, which he claims developed as a result of his chronic lymphedema. The case has been remanded to obtain an addendum medical opinion addressing whether the onychomycosis was caused or aggravated by the service-connected lymphedema.