Other conditions decisions — 2017

The Veteran's mesothelioma is related to in-service asbestos exposure, and the Board finds that service connection for this condition should be granted.

The Board has determined that the Veteran's appendectomy and small bowel obstruction are not related to his active duty service, and therefore denied both claims.

The Board has determined that the appellant's claims for service connection for a head injury or its residuals, and left hip labral tear need to be remanded due to the lack of an adequate VA examination. The examiner should provide opinions on whether these conditions are related to her in-service fall.

The Veteran has withdrawn his appeal for service connection for chronic atypical left chest pain due to herbicide exposure, and the Board is dismissing this issue.

The Board has determined that the Veteran is entitled to service connection for noncompensable dental disorders for purposes of receiving VA outpatient dental treatment, but not for compensation purposes.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for additional disability resulting from a March 2010 Achilles tendon repair performed at the North Chicago VAMC. The Board has determined that remand is necessary to obtain an opinion regarding whether the March 2010 Achilles tendon repair resulted in the Veteran's current symptoms of numbness and shock-like sensations in left foot, and if so, whether such symptoms were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's claim for beneficiary travel payment was denied as he did not file a timely claim within 30 days of completing the VA examinations on February 25, 2010 and March 11, 2010.

The Veteran withdrew his appeal for pension with special monthly pension benefits.

The Board found that the Veteran engaged in substantially gainful employment from November 1, 2005 to December 16, 2006 and maintained this employment for at least 12 consecutive months. Therefore, the TDIU was properly severed as of November 1, 2005.

The Veteran's joint pain in the neck, which became manifest during his active duty service and has been rated at a minimum of 10 percent since August 2009, is considered an undiagnosed Gulf War illness. The claim for service connection is granted.

The Veteran's service-connected residuals of fracture of the thoracic spine have been rated at 40 percent since August 4, 2014. The current rating is appropriate as it reflects incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past twelve months.

The Board found no evidence linking the Veteran's current left eye disabilities to his service, including a foreign body injury. The preponderance of evidence is against the claim.

The Board found that there is no evidence linking the Veteran's current skin rash condition on his genitals to service, and thus denied the claim for service connection.

The Board has granted service connection for hiatal hernia, finding that the Veteran's current condition is related to his military service. The claim for chronic gastritis remains denied as there is no evidence of a current disability.

The Veteran's claim for service connection for dental trauma and loss of bone density, including as secondary to herbicide exposure, is denied. The evidence does not show a dental disability due to trauma or any relationship between the Veteran's exposure to herbicide agents and subsequent development of a dental disability.

The Veteran's back brace, which causes wear and tear to his clothing due to its use over the year 2012, is found to meet the criteria for a clothing allowance.

The Board found that the appellant does not have recognized active military service to receive nonservice-connected pension benefits or a one-time payment from the FVEC Fund.

The Board is remanding the case for further development, including obtaining additional medical records and providing a VA examination to assess the severity of the Veteran's knee disabilities.

The Veteran's appeal is being remanded to the AOJ for referral of his dental treatment claim to VHA for a preliminary determination under 38 C.F.R. § 3.381.

The Veteran is seeking compensation for additional disability resulting from VA surgeries in September 2008. The Board has determined that further development, including a medical examination and opinion, is needed to properly adjudicate the claim.