Other conditions decisions — 2017

The Veteran seeks service connection for neoplasms of the breasts/chest, including as secondary to Agent Orange exposure. The Board previously denied this claim and remanded it for a VA examination. The case is now being remanded again due to procedural issues.

The Board found that the Veteran's low back disability did not manifest during or as a result of his military service and is more likely related to post-service events, including two motor vehicle accidents and a work-related injury. As such, the claim for service connection was denied.

The Board has determined that the Veteran does not have a current right elbow, right arm (other than elbow), or right big toe disorder. The evidence is against finding any relationship between these conditions and his period of active service.

The Veteran's lichen simplex chronicus is rated at a 10% disability rating effective April 19, 2016. Prior to that date, the condition did not meet criteria for any compensable rating.

The Board found that the termination of the Veteran's nonservice-connected disability pension benefits, effective April 1, 2009 was proper due to his failure to report income and lack of evidence supporting his claim of identity fraud.

The Board denied an evaluation in excess of the currently assigned 20 percent rating for the Veteran's service-connected left eye disability, finding that a separate evaluation based solely on visual field defect would only entitle him to a 10 percent rating under Diagnostic Code 6080, which is less than the presently assigned 20 percent rating.

The Veteran's myelopathy of the bilateral lower extremities has resulted in no more than moderate incomplete paralysis throughout the period on appeal.,VA determined that the Veteran's service-connected disabilities have not rendered him unable to secure or follow substantially gainful employment.

The Veteran's chronic prostatitis has resulted in increased frequency of urination, urgency to urinate, and nocturia. The condition also led to hematuria, which required treatment with antibiotics. The Board granted a 40 percent disability rating for the period from July 9, 2008, to June 15, 2016.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, finding that there was no evidence linking his current condition to his military service or to his service-connected bilateral hearing loss.

The Veteran's appeal of the initial rating for chronic adjustment disorder with depressed mood has been withdrawn by his representative.

The Veteran's claim for disability compensation under 38 U.S.C.A. § 1151 due to paroxysmal atrial fibrillation is being remanded as there are inconsistencies in the evidence regarding whether he sustained additional disability as a result of VA treatment, particularly during his right knee surgery in October 2004.

The Board found that the overpayment for three stepchildren from April 27, 2007 to July 1, 2007 was not validly created. However, the overpayment for three stepchildren from July 2, 2007 to March 31, 2008 was validly created.

The Veteran's claim for an initial compensable disability rating for his service-connected fracture of the right fifth metacarpal bone has been denied as he is already in receipt of the maximum schedular rating available.

The Board has determined that the Veteran's skin conditions, including actinic keratoses and squamous cell carcinomas of the face, scalp, and arms; a dysplastic nevus of the left leg; dermatosis; or seborrheic keratosis, were not incurred in service. The evidence does not support a finding that these conditions are related to active service.

The Veteran withdrew from appeal the claim of entitlement to compensation under the provisions of 38 U.S.C.A. § 1151 for a spinal condition during the March 2017 Board hearing.

The Board has determined that the Veteran's fatal glioblastoma multiforme is related to exposure to non-ionizing radiation during service, and thus grants service connection for the cause of his death.

The Board has determined that new and material evidence has been received to reopen the claim for service connection of myelodysplastic syndrome, which is presumed due to herbicide agent exposure. The Board finds in favor of granting service connection based on this presumption.

The Veteran's claims for service connection are being remanded due to the need for a dose estimate regarding his exposure to ionizing radiation. The loss of teeth claim is inextricably intertwined with the cancer claim and will be deferred until the cancer claim is resolved.

The Board has determined that the appellant is not recognized as the surviving spouse of the Veteran for the purpose of entitlement to VA benefits, including death pension benefits.

The Veteran's initial compensable rating for a right little finger sprain is being remanded due to the need for a new examination and consideration of extraschedular criteria.