Other conditions decisions — 2017

The case is being remanded for readjudication due to the proposed reduction of the apportionment amount and consideration of additional evidence submitted by M.H.

The Veteran's bunions of the bilateral feet are being remanded for further development, including obtaining VA treatment records and National Guard service records. The issue will be reconsidered after these additional actions.

The Veteran's cancer of the low left parapharyngeal space of the left nasopharynx is presumed to be related to his exposure to Agent Orange during service, and thus granted for accrued benefits purposes. The cause of the Veteran's death from head and neck cancer is also presumed to be related to his military service.

The Board denied the appellant's claim as a surviving spouse for VA benefits due to her divorce from the Veteran and remarriage to another person after his death.

The Veteran's service-connected left and right knee disabilities meet the percentage requirements for a disability evaluation of 40 percent each, which is granted. The Veteran was also found to be as likely as not unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities, leading to a grant of TDIU.

The Board has remanded the case due to a pending claim of clear and unmistakable error (CUE) in a previous rating decision that severed service connection for mycosis fungicides. The issues of whether new and material evidence has been submitted sufficient to reopen a claim of entitlement to service connection for mycosis fungicides, and entitlement to service connection for chronic kidney disease/failure are now pending.

The Veteran's left ring finger and little finger disabilities have been rated based on their current functional limitations, with no additional compensable ratings granted.

The Veteran's appeal is denied as the care received at Shands Hospital in Gainesville, Florida on March 19, 2015 and April 8, 2015 was not pre-approved by VA and therefore does not meet the criteria for payment or reimbursement.

The Board found that the appellant's current bilateral patellofemoral syndrome is less likely than not caused by her service, and denied her claim for service connection.

The Board found that the delay in performing surgery for the Veteran's acute appendicitis at the Gainesville VA Medical Center caused his death, and this decision grants DIC benefits under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's spondylolisthesis is not related to his military service and therefore denied his claim for service connection.

The Veteran's unauthorized medical expenses incurred on October 4, 2008 for weakness and dizziness were granted as the condition was of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health. The nearest VA facility was not feasibly available.

The Board has remanded the case for further development to determine if the Veteran was exposed to herbicides, specifically Agent Orange, during his service. If exposure is confirmed, a medical opinion will be obtained regarding whether the Veteran's conditions are related to this exposure.

The Veteran's right hand disability, characterized by paresthesias and weakness, is found to be related to his in-service injury. The Board has granted service connection for this condition.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's appeal for service connection of left elbow tendonitis has been withdrawn. The case is being remanded to obtain a VA examination and medical opinion regarding the Veteran's lower back disability.

The Board found that the appellant did not meet the criteria for recognition as the Veteran's surviving spouse, including continuous cohabitation with the Veteran from the date of attempted marriage until his death.

The Board has determined that the Veteran's service-connected diabetes mellitus is an etiological factor for his development of retinopathy, and therefore grants service connection for retinopathy as secondary to diabetes mellitus.

The Board found that the Veteran's cause of death (acute myocardial infarction) was not caused by a service-connected condition, and denied claims for accrued benefits, service connection for the cause of death, and VA pension benefits.

The Board has ordered a remand due to the need for further development, including obtaining an examination and medical opinion regarding the Veteran's leg disability.