Other conditions decisions — 2017

The Board denied the Veteran's claims for service connection for torus mandibularis and increased ratings for Frey's syndrome and excision of the right parotid gland, finding no evidence to support these claims.

The Veteran is seeking an earlier effective date for a separate disability rating for right lower extremity sciatic radiculopathy and a separate rating for a neurological condition of the left lower extremity associated with his service-connected low back disability. The Board has decided to remand these claims due to new evidence submitted by the Veteran.

The Board found that the residuals of an injury to the left fifth finger were not incurred in or aggravated by service, and denied the Veteran's claim.

The Board denied the Veteran's claims for earlier effective dates for the awards of TDIU and DEA benefits, finding that the criteria were not met.

The Veteran's appeal is being remanded due to inadequate medical examinations. A new examination of the spine disability will be conducted.

The Board found that the Veteran's compensation benefits do not permit payment of a reasonable amount to any apportionee, and any apportionment would cause undue hardship to him. Therefore, the claim for an apportionment was denied.

The Veteran's claims for service connection for right shin pain and increased ratings for his right elbow bursitis were denied. The Board found no evidence of a chronic disability manifested by right shin pain in service or during active duty, and the medical evidence did not support a finding that any current right shin pain is related to service. For the period prior to November 2, 2007, there was no limitation of motion for the right elbow warranting an initial compensable rating. Since November 2, 2007, there has also been no evidence of limitation of motion that would support a higher rating.

The Board has remanded the case for a full VA examination to determine if the Veteran's skin disorder is related to service. The claim will be adjudicated again after the examination.

The Veteran's service-connected disabilities have not rendered him unemployable, except for a brief period from January 3, 2012 to August 27, 2012 when his combined evaluation was at least 70 percent.

The Board has determined that the Veteran's liver disease is a result of his service-connected diabetes mellitus, and thus grants service connection for liver disease.

The Veteran's death was attributed to hepatocellular carcinoma, which is presumed due to herbicide exposure. The Board found no service-connected condition that caused or contributed substantially to the cause of death.

The Veteran's death was caused by gastric adenocarcinoma, which the Board will request a medical opinion to determine if it manifested within one year of separation from active service. The claim for burial expenses is also remanded.

The Veteran's suppurativa hidradenitis was found to cover 20% of her total body area and required constant use of topical corticosteroids, warranting a 30 percent rating under Diagnostic Code 7806.

The Veteran had submitted a timely claim for benefits prior to his death, which warrants consideration of accrued benefits. The Appellant's claim for accrued benefits is valid.

The VA denied the appellant's claims for compensation under 38 U.S.C.A. § 1151 due to a lack of evidence showing that any additional disability was caused by VA dental treatment in May 2002 or February 2008.,VA found no evidence linking the appellant’s claimed disabilities to the VA dental care he received.

The Veteran's right hand disability renders him at least as functionally impaired, if not worse, than a person who has an adequately functioning prosthetic device following amputation of the hand. The Board finds that he meets the criteria for entitlement to special monthly compensation based on the loss of use of one hand.

The Veteran's squamous cell carcinoma of the base of the tongue and metastatic head and neck squamous cell carcinoma are being reviewed for service connection, with consideration given to herbicide exposure in Thailand. The cause of death due to squamous cell oral cancer is also under review.

The Board has remanded the case for additional development, including verification of exposure to herbicide and/or radiation during service, preparation of a dose estimate for ionizing radiation exposure, and obtaining all relevant medical records.

The Board has determined that the Veteran's death was caused by his service-connected acute myelogenous leukemia, which is presumed to have been caused by herbicide exposure during service.

The Veteran's claim for payment or reimbursement of private medical expenses incurred at the Allegiance Health Emergency Department in Jackson, Michigan on August 8, 2011 is granted due to timely filing and meeting all applicable criteria.