Other conditions decisions — 2017

The appellant is not considered permanently incapable of self-support prior to the age of 18, and her current evidence does not show she was capable of self-support at that time.

The Board has determined that the Veteran does not have a right hamstring disability etiologically related to service and therefore denied his claim for service connection.

The Board has granted a 60 percent rating for the Veteran's prostate disability, effective December 28, 2016. The evidence shows that his prostate cancer is in biochemical remission and there is no current clinical evidence of recurrence.

The Board has determined that there is no current left elbow disability and therefore, the Veteran's claim for service connection for a left elbow disability is denied.

The Board denied the Veteran's claims of service connection for bilateral hip disorder, new and material evidence for PTSD, gallbladder removal, and urinary disorder. The claim for a 40% rating for thoracolumbar spine disability was also denied.

The Veteran's appeal regarding an earlier effective date for a 10% rating for his left shoulder rotator cuff tear has been withdrawn.

The Veteran's current left patellofemoral arthrosis, status post fracture of femoral trochlea, meniscectomy, and chondroplasty is related to his military service. After resolving all doubt in his favor, the Board finds that the evidence is at least in equipoise as to whether his current left knee disability was incurred in service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the evidence does not show that her medical and surgical treatment at the Birmingham VAMC from March to April 2008 was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's postoperative right scrotal hematoma with residuals of pain has been rated at 10 percent, but not higher. The Board also found that the Veteran is not entitled to an extra-schedular rating for his disability.

The Board found that the appellant's income exceeded the maximum annual pension rate, thus denying her entitlement to death pension benefits.

The Board has granted B.J.'s claim as the Veteran's dependent spouse for VA benefits purposes, based on their legal marriage since December 1995.

The Board has denied the Veteran's claims of service connection for meningitis, nasal polyps, and gastrointestinal disorder manifested by diarrhea (gastritis) due to lack of a current disability.

The Board has determined that a VA examination is necessary to determine the relationship between the Veteran's current low back and left leg disabilities and his service. The appeal will be remanded for these purposes.

The Board has granted the Veteran's claim to reopen his service connection for a dental condition and found that new and material evidence has been received. The issue of service connection remains pending.

The Veteran's right upper extremity neurological disability was rated at 20 percent prior to June 16, 2016, and at 40 percent beginning June 16, 2016.,The Veteran's left upper extremity carpal tunnel syndrome (CTS) was rated at 20 percent beginning August 11, 2011.

The Veteran's claim for service connection for reactive airway disease is being remanded due to the need for additional development, including a VA examination and updated treatment records.

The Board has determined that a VA examination is needed to assess the current nature of the esophageal varices and whether they are associated with epigastric pain or bleeding, as well as to determine if there is any relationship between anemia and the esophageal varices. The Veteran's claim will be remanded for these purposes.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his bilateral foot dermatophytosis, and for consideration of whether an extraschedular rating is warranted.

The Veteran's son is seeking payment of the full amount of retroactive VA compensation benefits awarded by a February 8, 2012 rating decision due to herbicide exposure. The appeal is being remanded for issuance of an SOC and proper consideration.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.