Other conditions decisions — 2017

The Veteran's appeal is remanded for additional development, including VA examinations and the issuance of a supplemental statement of the case.

The appeal has been dismissed as the Veteran withdrew it prior to a decision being made.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected psychiatric disability.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's cause of death, Acute Myelogenous Leukemia (AML), was caused by his exposure to herbicides during service. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board found that the Veteran's heart condition, including bradycardia and low blood pressure, did not have its onset in service or due to a service-connected disability. The preponderance of evidence is against finding any current heart disability was caused by service.

The Board has ordered a remand to obtain clarification of the VA examiner's opinion regarding the etiology and nature of any current left eye disability, including whether it is related to active service or preexisting congenital defect.

The Board has determined that the Veteran's bilateral hip arthritis and cardiovascular disorder, diagnosed as hemochromatosis requiring phlebotomy, are likely due to in-service cold exposure. Service connection is granted for these conditions.

The Board has determined that the evidence is in equipoise as to whether the Veteran's myelodysplastic syndrome and acute myeloid leukemia are etiologically related to his service-connected hepatitis C, and thus grants service connection for these conditions as secondary to hepatitis C.

The Veteran's service-connected right hip strain was granted with initial ratings of 10 percent for prior to January 16, 2015 and 20 percent since then. The issue of entitlement to a TDIU is also addressed.

The Veteran's residuals of squamous cell carcinoma of the right tonsil and left lateral tongue, status post radical neck dissections, tonsillectomy and left partial glossectomy (other than atrophy of the right trapezius muscle, weakness of the muscles of the right hand, osteonecrosis of the right mandible, and right thoracic outlet syndrome), were rated as 60 percent disabling from November 21, 2003 to June 9, 2009.

The Veteran's appeal for an increased rating for bilateral defective hearing on an extraschedular basis was denied. The Board also found that the Veteran did not meet the criteria for a total disability rating based on individual unemployability due to his service-connected disabilities.

The Veteran's Nodular Sclerosing Hodgkin's disease with myelodysplastic syndrome is due to exposure to contaminated water at Camp Lejeune, North Carolina during service and the Board finds that service connection is warranted on a presumptive basis.

The Board found that the Veteran's right and left foot disabilities were not incurred in or aggravated by active service, nor are they proximately due to, the result of, or aggravated by, any service-connected disability. The claims for service connection have been denied.

The Board found no current diagnosis for bowel and bladder changes, and concluded that the Veteran's symptoms are not related to her service-connected lumbar spine disability. For cervical spine degenerative joint disease, the Board noted a history of pain during service but did not find chronicity or continuity since service.

The Veteran's claim for restoration of $8,833.33 withheld from his benefits was denied as the offset by the debt he owed to VA was proper and in accordance with law.

The Veteran's right carpal tunnel syndrome was rated at 10 percent prior to September 3, 2015. Since then, the disability has been rated as 10 percent.

The Board has vacated the February 2016 decision and granted an earlier effective date of October 1, 1979 for DIC benefits due to a pending claim from November 1979.

The Veteran's claims for increased ratings of peripheral vestibulopathy and vasodepressor syndrome were denied as the evidence did not support higher schedular ratings.

The Veteran's service-connected disability (fracture, right superior ischiopubic ramus and both inferior ischial rami with myofascial pain syndrome) does not render him unable to secure and follow a substantially gainful occupation.

The Veteran's claim for an earlier effective date for compensation based on school attendance of his dependent E.B. is denied as the claim was not filed within one year of E.B.'s 18th birthday, but within one year of the beginning of E.B.'s term.