Other conditions decisions — 2017

The Veteran's death was caused by cardiogenic shock due to congestive heart failure, with significant lower extremity disabilities contributing to his inability to receive necessary open-heart surgery. The Board finds service connection for the cause of death is warranted.

The Veteran is seeking service connection for a chronic respiratory disorder, including a disability manifested by a chronic cough and/or asbestos exposure. The Board has determined that further development is needed to address the claim.

The Board has determined that the Veteran's partial amputation of his left second toe was due to fault on the part of VA in not carefully evaluating him after cutting his toe and failing to provide a timely follow-up visit. As a result, the Veteran is entitled to compensation under 38 U.S.C.A. § 1151 for loss of the left second toe.

The Veteran's claim for an earlier effective date for the award of additional compensation for his adopted daughters [REDACTED] and [REDACTED] is denied as there is no provision in the law or regulations for making payments beyond the dates of eligibility.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his left epididymitis and any related urinary incontinence, as well as obtaining updated treatment records. The case will be readjudicated after these actions.

The Veteran's service-connected myositis ossificans of the right heel is rated at 10 percent since the grant of service connection, with no higher rating warranted.

The Veteran's death certificate shows he died on March [REDACTED], 2011. The appellant submitted a claim for accrued benefits, but the claim was not received within one year of his death. Therefore, the appeal is denied.

The Veteran's private medical expenses incurred on December 10, 2012 were not for a qualifying emergency service and thus do not meet the criteria for payment or reimbursement.

The Veteran's appeal is remanded due to the need for an addendum VA examination and further development of his claim.

The Veteran's back disability is rated at 40 percent, and his PTSD and depression are rated at 50 percent. The TDIU claim is granted.

The Board has remanded the case for additional development, including obtaining a VA examination to assess the current severity of the Veteran's service-connected right and left Achilles tendonitis.

The Board finds that the Veteran's left hip disability is not related to service and denies his claim for service connection.

The Board has determined that the appellant does not have qualifying service and therefore is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the Veteran's current lung disability and bilateral lung nodules were not incurred in service, as there was no evidence of such conditions during his active duty. The Board also noted conflicting opinions regarding whether these disabilities are related to exposure to chemicals, jet fuel, exhaust, or dust encountered on the flight line.

The Veteran's current pain is not considered to be a result of VA dental treatment, as it was found to be associated with the extraction of tooth numbered 13 and subsequent root canal treatments. The Board determined that there is no additional disability resulting from the care provided by VA.

The Board has determined that the Veteran does not have a current diagnosis of a left elbow disorder, and therefore, service connection cannot be granted.

The Board has determined that the Veteran's jaw surgery did not result in a service-connected condition, and therefore denied his claim for service connection. The issue of incomplete paralysis of the fifth cranial nerve remains pending.

The Board has remanded the case for further development, including obtaining a SSA hearing transcript and additional evidence. The Veteran's TDIU claim will be reconsidered based on all available information.

The Veteran's claim of entitlement to service connection for obesity, a weight control problem or obesity is denied as such conditions are not considered disabilities for which service connection may be granted.

The Board has determined that the Veteran's service-connected disabilities do not render him so helpless as to be in need of regular aid and attendance, thus denying his claim for SMC based on such need.