Other conditions decisions — 2017

The Veteran is seeking compensation for an MRSA infection resulting from a VA hospitalization in August 2003. The case has been remanded to determine if the Veteran sustained additional disability as a result of VA treatment and whether such disability was caused by carelessness, negligence, or lack of proper skill on the part of VA.

The Veteran's schizoaffective disorder has been rated at 30 percent since May 30, 2008. The current rating adequately reflects the severity of his symptoms.

The Board has determined that the Veteran is not unemployable due to his service-connected ulcerative colitis, as he can still perform acts required by employment during non-flare up periods.

The Board finds that the Veteran's current eye conditions are not related to his military service, and thus denied his claim for service connection.

The Veteran's claim for a higher rating for gout of the right big toe was granted, with a 60 percent rating effective October 11, 2016. The issue remains on appeal as he has not been awarded the highest possible evaluation.

The Veteran's bilateral eye disability has not resulted in field loss or impairment of corrected visual acuity worse than 20/40 bilaterally, and did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claim for an initial evaluation in excess of 20 percent for intervertebral disc syndrome, post-surgical change L4-L5, disc space narrowing L5-S1 is remanded due to the need for a new VA examination and additional medical records.

The Veteran's PSVT is rated as ten percent disabling. The Board has found that the Veteran's symptoms more nearly approximate the criteria for a 30 percent evaluation, and thus grants an initial rating of 30 percent for PSVT.

The Board has reopened the Veteran's claim for service connection for a sleep disorder due to undiagnosed illness and remanded the issue of secondary service connection for PTSD. The Veteran is entitled to an addendum VA examination to address the etiology of his sleep disorder.

The Board found that the Veteran's cause of death, myocardial infarct with shock, was not related to his active military service and denied both claims for service connection and nonservice-connected death pension benefits.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected residuals of bladder neck resection status post contracture.

The appellant's last period of service was under dishonorable conditions due to willful and persistent misconduct, including alcohol rehabilitation failure, misconduct due to a pattern of misconduct, commission of a serious offense, and civil conviction. As a result, he is ineligible for VRAP educational benefits.

The Board denied the appellant's request for a beginning date prior to July 21, 2011, for Dependents Educational Assistance (Chapter 35) benefits due to failure to elect an earlier eligibility date within the required 60-day period.

The Board has determined that further development is needed to clarify the nature of the Veteran's heart condition and determine if it was a contributory cause of his death. The case will be remanded for this purpose.

The Veteran's death was not service-connected, and the appellant is seeking additional burial benefits. The case has been remanded to obtain records of care around the time of his death in November 2012.

The Veteran's service connection claim for residuals of a left eye injury, including retinal tear and retinal hole, is granted as the evidence shows that her current condition occurred during INACDUTRA.

The Board has remanded the case for a video conference hearing at the next available opportunity. The appellant will be notified prior to the hearing.

The VA has determined that the Veteran's claimed neurological disorder to the left lower side of the face and lip is not related to his active service or any incident therein, nor is it secondary to his service-connected status post gunshot wound with incomplete paralysis of the cranial nerve XI and paresthesia, right mandibular division of cranial nerve V.

The Board has decided to remand the case for further development regarding the Veteran's income and medical expenses over the past years, as it is insufficiently detailed in the claims file.

The Veteran's squamous cell carcinoma of the oral cavity and lymph node cancer was not incurred in active service, may not be presumed to have been incurred therein, and is not due to herbicide exposure in service.