Other conditions decisions — 2017

The Veteran's service-connected right foot disability, prior to November 16, 2016, was manifested by arthritis with painful motion. Since then, the disability has been characterized as mild without evidence of moderately severe impairment.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that her remarriage after the Veteran's death barred her from receiving DIC benefits.

The Board has determined that the Veteran's hairy cell leukemia is related to his service aboard the USS Valley Forge during the Vietnam era and grants service connection for this condition.

The Board has determined that the Veteran's left great toe disorder did not manifest in service and is not attributable to service. Degenerative arthritis of the left great toe did not manifest to a compensable degree within one year of discharge from service. Therefore, the claim for service connection for a left great toe disorder is denied.

The Board has determined that the Veteran's claim for service connection for herpes is granted, as her testimony and medical records support a diagnosis of herpes acquired in service. The lump under the right breast claim is considered moot due to the grant of service connection.

The case is REMANDED for the following actions: 1) Obtain any updated VA and non-VA treatment records regarding the Veteran's 4th and 5th finger disability, including, after obtaining any necessary authorization from the Veteran, outstanding private OT records, including a September 2016 OT evaluation. 2) Schedule the Veteran for a neurological examination with medical opinion of the left 4th and 5th fingers. The examiner must review the claims folder in conjunction with the examination. After completion of the above and any further development deemed necessary, review and readjudicate the claim on appeal.

The Board found that the overpayment was validly created and granted waiver of recovery for the $541.67 debt.

The Veteran withdrew his appeal before the Board could make a decision, resulting in the dismissal of the case.

The Board has determined that the Veteran's right inguinal hernia was not incurred in or caused by active service and denied his claim for service connection.

The Veteran requested an earlier effective date for a dependency allowance due to his marriage, but the Board denied this request as he did not provide evidence of his marital status within one year of receiving notification. The effective date was set at November 1, 2009.

The Board has remanded the case for additional development, including obtaining relevant medical records and providing a new opinion regarding the Veteran's uterine cancer. The issues of service connection for PTSD, bilateral eye disability, and psychiatric disorder other than PTSD are also being addressed.

The Board has granted the Veteran's request to reopen his claim of entitlement to service connection for a respiratory disability, including pulmonary fibrosis. The case is now remanded for further development and an examination.

The Veteran's claim for service connection for panic disorder and/or agoraphobia is being remanded due to the need to obtain additional VA treatment records, including those from the Madison VA facility. A VA examination will also be arranged to address the claimed psychiatric disorders.

The Board has remanded the case due to issues with simultaneous contested claims and scheduling of a hearing. The payment of attorney fees is under review.

The Board has determined that the Veteran's gout did not manifest during service or is otherwise related to service, and thus denied his claim for service connection.

The Veteran's diagnosed colon cancer was not caused by VA treatment, and the Board finds that it is more likely than not that the cancer developed after the February 2012 partial colonoscopy due to its recent metastasis. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 for colon cancer is denied.

The Board has granted service connection for squamous cell carcinoma of the tongue, finding it at least as likely as not related to in-service herbicidal agent exposure. The issues of TDIU and accrued benefits are remanded.

The Veteran's loss of use of the right hand was not caused by VA care, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's death was caused by a cardiac event due to metabolic acidosis, which the VA medical center did not foresee. The Board finds that this was not the result of negligence or fault on the part of the VA and grants DIC benefits.

The Veteran's Graves' disease was rated at 30 percent prior to November 21, 2015 and in excess of 60 percent thereafter. The Board found that the symptoms were consistent with both service-connected conditions (Graves' disease) and other disabilities (depression, fibromyalgia, Meibomian gland dysfunction).