Other conditions decisions — 2017

The Board has determined that the Veteran's adenocarcinoma of the esophagus is at least as likely as not related to his military service, specifically his exposure to herbicides in Vietnam. As this cancer was the immediate cause of death, the claim for service connection for cause of death is granted.

The Board has decided to remand the case for additional development, including obtaining private medical records and seeking an addendum opinion from a VA clinician.

The Board has determined that there are outstanding relevant treatment records and the Veteran's service connection claim for a left leg disability is being remanded to obtain these records, clarify his contentions regarding military service, and provide him with a VA examination.

The Board has remanded the case due to insufficient medical opinion and additional development is required.

The VA determined that the Veteran's current acute myelogenous leukemia is not related to his service or exposure to herbicides, and thus denied his claim for service connection.

The Board has remanded the case for additional development and adjudicative action, including obtaining medical records and scheduling a VA examination to determine the etiology of the Veteran's bilateral foot disorder.

The Board has determined that the Veteran's claimed hand and foot conditions are not related to his active service, including exposure to cold weather. The claims for service connection have been denied.

The Board has determined that the Veteran's current left eye blindness is not etiologically related to his military service, and thus denied the claim for service connection.

The Board found that the Veteran's current symptoms of heat exhaustion are not related to her in-service episode, and thus denied service connection for residuals of heat exhaustion.

The Veteran's right thigh SFW residuals are characterized by symptoms and a disability picture consistent with a moderately severe injury of muscle groups XIII, XIV, and XV. The Board finds that the criteria for a combined 40 percent rating, but no higher, for right thigh shell fragment wound residuals were met.

The Veteran's right major pectoralis muscle tear is currently rated at 40 percent, the maximum schedular rating available. The evidence does not support a higher evaluation as his symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Veteran's cause of death was not due to a service-connected disability.,The Appellant is entitled to non-service-connected death pension benefits as he is considered a helpless child.

The Veteran's combined rating for his service-connected disabilities was 80 percent on May 22, 2015, with at least one of the service connected disabilities being rated at 40 percent or higher. The Board found that the criteria for a TDIU were met from May 22, 2015.,The Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment consistent with his education and occupational background from May 22, 2015.

The Board has determined that the Veteran's emergency medical treatment at Delray Medical Center on April 29, 2010 met all criteria for reimbursement under VA regulations. The claim was timely filed and there were no issues with coverage or third-party liability.

The Veteran's claim for increased ratings for scoliosis prior to October 27, 2015, and in excess of 20 percent thereafter was denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's cerebral/cerebellar disability with memory deficit is rated at 70 percent effective October 23, 2008. A separate rating of 70 percent for neurocognitive disorder and personality changes due to decompression illness is also granted. The myelopathy with spinal cord decompression sickness at T7-T8, left lower extremity remains rated at 40 percent.

The Board has determined that there is no current evidence of infertility, and the Veteran's claim for service connection for sterility is denied.

The Veteran's left Achilles tendon disability is currently rated at 10 percent disabling, and his left great toe disability is rated as noncompensable prior to August 11, 2016. The Board finds that the evidence does not support a higher rating for either condition.,The Veteran's service-connected conditions are evaluated based on their direct effects without any presumption or secondary connection.

The Board denied the Veteran's claim for an effective date earlier than February 25, 2011, for adding his spouse as a dependent due to lack of timely submission of required information regarding prior marriages.

The Board finds that the Veteran's current residuals of cold weather injuries to both feet are related to service, and grants service connection for these conditions.