Other conditions decisions — 2017

The Veteran's heart disability, specifically atherosclerotic cardiovascular disease, is granted as service-connected due to presumed exposure to herbicide agents during his Vietnam service.

The Veteran's claim for an effective date prior to April 30, 1974, for the grant of service connection for thrombophlebitis of the right leg was denied. The Board found that no formal or informal claim for this benefit was received prior to April 30, 1974.

The Veteran's claim for an increased rating of his right hip disability is being remanded due to inadequate examination and the need for additional development, including obtaining relevant treatment records from VA facilities and private providers, as well as SSA records. The case will be adjudicated again after these steps are taken.

The Board has granted service connection for right dry eye syndrome, finding that it is etiologically related to the Veteran's military service. The issue of entitlement to service connection for a right eye condition other than cataracts and right dry eye syndrome remains pending.

The Board determined that the termination of DIC benefits was proper and thus, the overpayment created in the amount of $96,494.00 is valid.

The Veteran's claims for increased ratings and a separate compensable rating were granted, with the right clavicle fracture rated at 20 percent effective July 22, 2015. The mild supraspinatus tear was also granted as a separate disability rated at 10 percent.

The Board has granted a general apportionment of the Veteran's compensation benefits to the appellant for the period from March 17, 2008, to June [REDACTED], 2009. The amount of apportionment is not set at an amount that would constitute undue financial hardship.

The Veteran's Hodgkin's Lymphoma remains in remission, but he continues to experience residual symptoms such as bone pain and aversion to certain foods. The Board finds that the residuals of his Hodgkin's Lymphoma warrant a noncompensable disability rating.

The Board has determined that the Veteran's bilateral hand disability, including DJD of the right third metacarpophalangeal joint and boxer's fracture of the right fifth metacarpal bone, is related to his active service. However, there is insufficient evidence to establish a direct connection between his hiatal hernia and his military service.

The Veteran's adult Still's disease resulted in chronic residuals with various joint and spine limitations, leading to a combined rating of 60 percent. The claim was granted.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a detached retina resulting from VA medical and surgical treatment in November 2007 to August 2008, but the AOJ needs to obtain additional records before making a decision.

The Board denied service connection for a right elbow disability and a prostate disability, finding that the evidence did not support a link between these conditions and the Veteran's military service.

The Board denied the claim for compensation benefits under 38 U.S.C.A. § 1805 for spina bifida as the child of a Vietnam veteran, finding that the appellant does not have any form and/or manifestation of spina bifida except spina bifida occulta.

The Board found that the appellant's character of discharge was a bar to VA benefits due to his dishonorable discharge. New evidence submitted since January 2003 does not relate to the merits of the claim and is therefore insufficient to reopen the case.

The Veteran's claim for a compensable rating for tendonitis of the right middle finger with enlargement of the flexor tendon proximal to the proximal interphalangeal joint of the right ring finger was granted, but his claim for service connection for sleep apnea was denied.

The Veteran's claim of entitlement to a compensable rating for his service-connected left inguinal herniorrpathy is being remanded due to the passage of time since the last VA examination and the need for a new evaluation.

The appellant's income exceeds the maximum countable income for nonservice-connected death pension benefits, and her son is not considered a dependent for VA death pension purposes.

The Veteran's myelodysplastic syndrome (refractory anemia) is granted as service connected due to exposure at Camp Lejeune.

The Veteran's service-connected mood disorder was rated at 50 percent prior to May 22, 2014. The claim for TDIU due to service-connected disabilities prior to that date is also granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of his urethral disability and another VA examination to address his bilateral foot conditions. The Veteran may also be provided with VCAA notice regarding secondary service connection.