Other conditions decisions — 2017

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination. The Veteran's right hip strain is rated at 10 percent.

The Board has remanded the case due to inadequate notice regarding how to establish service connection for aggravation of a congenital disorder.

The Board has determined that the Veteran's mesothelioma was not incurred in or aggravated by service, as there is no evidence of asbestos exposure during his military service. The claim for service connection is denied.

The Veteran's service is not considered active duty during a period of war, and therefore he does not meet the eligibility criteria for nonservice-connected disability pension benefits.

The Veteran's service-connected right knee disability has been manifested by complaints of pain on motion and weakness, with flexion no worse than 45 degrees and extension no worse than 0 degrees. The Board finds that the current 10 percent rating adequately compensates for his symptoms.

The Veteran developed peroneal nerve palsy with right foot drop due to a right total knee arthroplasty performed by VA. The Board finds that the disability was not reasonably foreseeable and grants compensation under 38 U.S.C.A. § 1151.

The Board denied service connection for spondylolisthesis and hiatal hernia, finding that the Veteran's current disabilities are not related to his military service.

The Board has granted the appellant's claim for death pension benefits from December [REDACTED], 2004, through December [REDACTED], 2005. The claim for service connection of a skin disorder was reopened and granted as new and material evidence had been received.

The Board has ordered additional development to determine if the Veteran's left finger disability is related to his service, including seeking inpatient hospital records from Germany and scheduling a VA examination.

The Veteran's peptic ulcer disease with historical active peptic ulcer, healed with residuum of peptic duodenitis, is not manifested by moderate duodenal ulcer with recurring episodes of severe symptoms two or three times a year averaging 10 days in duration; or with continuous moderate manifestations. Therefore, the criteria for a rating in excess of 10 percent have not been met.

The Board found that the Veteran does not have a current diagnosis of sleep disorder other than sleep apnea, and thus is not entitled to service connection for a sleeping disorder.

The Veteran's right shoulder disability, characterized as arthritis and degenerative subacromial/subdeltoid bursitis, has been evaluated at a noncompensable rating from May 10, 2004 to March 16, 2017. Beginning March 17, 2017, the disability is rated as 20 percent disabling under Diagnostic Code 5201.

The Board denied the Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, finding that there was no evidence to support a secondary service connection claim or that VA care caused his current lung, diaphragm, and abdominal disorders.

The Veteran died from hypertensive cardiovascular disease. The Board finds that the cause of death is not service-connected and therefore DIC benefits are denied. Accrued benefits and improved death pension are also denied as the appellant's subsequent marriage was not terminated before November 1, 1990.

The Board found that the Veteran's gastric and colon disabilities are not related to his service, including exposure to ionizing radiation. The claims for service connection were denied.

The Veteran has been reasonably discharging his responsibility for supporting their child, M.S.W., and a special apportionment would cause undue hardship on the Veteran.

The Veteran's service-connected PTSD has aggravated his interstitial cystitis, warranting a finding of service connection for the condition.

The Veteran requested to withdraw his appeal regarding the claim of service connection for elevated prostate count and benign prostatic hypertrophy asserted as due to Agent Orange exposure in Vietnam. As a result, this issue is dismissed.

The Board has determined that the Veteran's right thumb disability warrants an initial 10 percent rating, but not higher, throughout the period of her claim.

The Veteran's claim for a higher rating for post-traumatic neuroma formation in the toe tips of the right foot is being remanded due to the need for additional examination and treatment records.