Other conditions decisions — 2017

The Veteran's claim for service connection for residuals of burns to the lower extremities is denied as there is insufficient evidence of a current disability.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board denied service connection for a psychiatric disorder in April 1987, concluding that the Veteran's condition was not incurred or aggravated during active duty and did not qualify as presumptive due to ACDUTRA. The decision is upheld.

The Board has remanded the case for further development, including a supplemental opinion from the October 2012 VA examiner to identify service-connected disabilities causing the Veteran's need for aid and attendance. The claim will be re-adjudicated after this additional evidence is considered.

The Veteran's claims for service connection for elevated liver enzymes and arthralgias are being remanded due to the need for additional medical opinions regarding his diagnoses and their relationship to military service.

The Veteran's polycystic ovarian syndrome with fibroid uterus was rated as 30 percent disabling prior to May 21, 2015 and her status post hysterectomy with bilateral salpingo-oophorectomy has been rated as 50 percent disabling from September 1, 2015. The Board finds that the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the Veteran does not have a right eye disability for which service connection can be granted, as all evidence shows that any injury to his eyes occurred in his left eye. The claim is therefore denied.

The Board found that the Veteran's right hip disorder did not manifest during active service and is less likely caused by or a result of an injury sustained while on active duty. The VA examiner opined against the claim, stating there was no documentation of an injury leading to current symptoms.

The Veteran's claim for service connection for left forearm and left hand disability, including shaking due to nerve damage, is being remanded as the VA examiner did not address whether his symptoms are related to his service-connected conditions.

The appellant is the Veteran's surviving spouse for the purposes of VA benefits and nonservice-connected death pension benefits are reinstated from December 1, 2008, through November 30, 2009. The benefits were thereafter properly terminated as of December 1, 2009 due to excess income.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's previously denied claim of service connection for constipation. The Veteran's avoidant personality disorder is also found not to be a disability for VA compensation purposes, and her bilateral knee disabilities do not meet the criteria for an increased rating.

The Board found that the Veteran does not have a left eye disability that was caused by his service and denied the claim.

The Veteran's claims for service connection are being remanded due to the need for a dose assessment and VA examination. The dose assessment will determine if the Veteran was exposed to ionizing radiation, which would be relevant to his squamous cell carcinoma of the face claim. For his lung condition, a VA examination is needed to assess whether it had its onset in service or is related to service.

The Board has determined that the appellant's unauthorized medical treatment at Tallahassee Memorial Hospital from November 29 to 30, 2012, did not meet the criteria for reimbursement or payment under VA regulations because it was not in response to a medical emergency of such nature that delay would have been hazardous to his life or health. The appellant's condition was described as moderate and he had no exacerbating factors.

The Veteran's appeal is being remanded due to incomplete records, and the case will be returned for further development.

The Veteran's dental condition, which includes a knocked-out tooth treated during service, does not meet the criteria for service connection due to lack of evidence showing damage or impairment to his maxilla or mandible.

The Veteran seeks service connection for central retinal artery occlusion (CRAO) as secondary to his service-connected diabetes mellitus, type II with hypertension. The case is being remanded due to the need for additional development regarding whether CRAO is caused or aggravated by the service-connected hypertension.

The Board denied the appellant's claim for participation in the Veterans Retraining Assistance Program (VRAP) due to his character of discharge being under other than honorable conditions, finding that he was not eligible based on the nature and circumstances of his service.

The Veteran's chronic left palm lesion is rated at 10 percent, but the Board finds that additional disabilities (left index finger ganglion and left trigger finger) are not related to his service-connected condition. Therefore, an increased rating is denied.

The case is being remanded to determine if the Veteran meets the basic eligibility requirements for service connection of a dental disability for compensation purposes and to adjudicate the claim.