Other conditions decisions — 2017

The Board has determined that the Veteran's right elbow disorder is not related to his service or a service-connected condition, and thus denied his claim for service connection.

The Veteran has withdrawn his appeal for special monthly compensation based on the need for aid and attendance or by reason of being housebound, effectively dismissing this issue.

The Veteran's nerve and vocal cord injury with dysphagia, resulting from his left carotid artery endarterectomy in November 2005, is not considered to be due to VA negligence or fault. The surgery was performed by a licensed surgeon (Dr. B.E.S.) who was present throughout the critical portions of the procedure.

The Veteran's service-connected G6PD stomach disability has been rated as 20 percent disabling from June 19, 1971 to the present.

The NCA has granted the appellant's claim for a Government-furnished memorial headstone or grave marker.

The Board has remanded the claims for additional development due to missing VA treatment records from February 2011 to the present. The Veteran's right inguinal hernia and bilateral ear fungus service connection claims are pending.

The Veteran's basic eligibility for educational assistance under the Post-9/11 GI Bill is granted as he served on active duty for a minimum of 30 continuous days and was discharged under other than dishonorable conditions due to a service-connected disability (temporomandibular joint disease).

The Board denied service connection for the cause of the Veteran's death due to metastatic squamous cell cancer carcinoma of the left tonsil, finding that it was not related to active service or herbicide exposure.

The Board has granted earlier effective dates of July 6, 2009 for the awards of SMC based on the loss of use of both lower extremities due to service-connected disability (systemic erythematous lupus with manifestations) and a higher level of SMC based on the need for aid and attendance under the provisions of 38 U.S.C.A. § 1114 (r)(1).

The Veteran's cause of death was attributed to metastatic gastric cancer, which is presumed to be related to his in-service herbicide exposure. The Board found that the evidence was in equipoise regarding whether the squamous cell carcinoma (presumed due to Agent Orange exposure) contributed substantially and materially to the development of the gastric cancer.

The Veteran withdrew the appeal regarding his claim for service connection for a psychosis for the purpose of establishing eligibility for treatment.

The Board has remanded the case to the AOJ for further development and readjudication due to conflicting evidence regarding whether the appellant's currently diagnosed granuloma of the right upper lobe is a type of interstitial lung disease or restrictive lung disease. The issue on appeal remains service connection for a lung disability, including as a residual of asbestos exposure.

The Veteran's appeal is being remanded for further development, including an addendum opinion to clarify the severity of his right hip disability and whether there is associated left hip disability.

The Veteran's appeal for vocational rehabilitation benefits for a doctoral program in Psychology (PsyD) under Chapter 31, Title 38, United States Code was denied as there is no legal basis to grant the benefit sought on an equitable basis. The Veteran is directed to seek redress directly from the Secretary of Veterans Affairs.

The Board has determined that the Veteran's meralgia paresthetica is not caused or aggravated by his service-connected lumbar spine disability, and thus denied the claim.

The Veteran withdrew her appeal regarding the claim for a total disability evaluation based upon individual unemployability due to service-connected disabilities prior to December 18, 2006.

The Board found that the Veteran's Raynaud's disease and cold agglutinins are not related to service, including exposure to carbon tetrachloride, lead paint, or cold temperatures.

The Veteran's appeal is remanded for further development, including arranging a VA examination to address maxilla loss and other manifestations of his TMJ disability.

The Veteran is entitled to outpatient treatment for teeth #9 and #10 as a result of in-service trauma, constituting service connection under the 'service trauma' provision.

The Board has remanded the case for readjudication of the TDIU claim, and a SOC should be issued if the benefit is still denied.