Other conditions decisions — 2017

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's preexisting right thumb disability was clearly and unmistakably not aggravated during service.

The Veteran seeks compensation under 38 U.S.C. § 1151 for injuries resulting from VA treatment, including a respiratory disability, blood clots in the lungs, urinary tract infections, and spinal cord injury with partial paralysis. He also seeks special monthly compensation based on the need for aid and attendance or for being housebound. The case is remanded due to incomplete documentation of his July 2008 meeting with VA medical staff.

The Veteran's right hip disability, specifically residuals of a pelvic fracture with right hip sacroiliitis, has been rated at 20 percent since May 4, 2010. The Board found that the current rating adequately reflects the severity of his condition based on the evidence provided.

The Veteran's osteopenia is found to be etiologically related to her service-connected Crohn's disease, specifically the prolonged use of steroids prescribed for her Crohn's disease.

The Board found that the cause of death was pancreatic cancer, which is not service-connected. The Veteran's service-connected disabilities did not contribute to his death.

The Board has remanded the case due to administrative errors and requests for updated financial information from both parties.

The Board denied an earlier effective date for the grant of nonservice-connected pension benefits, finding that the earliest date of claim was August 12, 2009 and the date of entitlement is earlier than that date. The Veteran's SSA records do not meet the requirements of an informal claim for nonservice-connected pension.

The Board found that the Veteran's paresthesias, posterior right thigh, symptoms are more nearly approximated by mild impairment and thus warrant a rating of 10 percent. The claim for an increased rating was denied.

The Board has determined that the termination of non-service-connected pension benefits for the year beginning January 1, 2012, and the creation of an overpayment in the amount of $360.00 were proper based on the Veteran's receipt of life insurance proceeds following his wife's death.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine if the Veteran's squamous cell cancer of the tongue is related to service, specifically his in-service exposure to herbicides and dental treatment.

The Board has denied the Veteran's claims for service connection for right and left foot disorders.

The appellant requested that the appeal be withdrawn due to a separate Board decision involving similar claims. The Board dismissed the appeal as a result.

The Board has granted special monthly pension benefits based on the need for regular aid and attendance of another person, which is a complete grant as to the issue on appeal. The Veteran was unable to keep himself clean without assistance due to dizziness when entering and exiting the bathtub, and had physical impairment requiring care or assistance on a regular basis to protect from daily hazards.

The Board has determined that the Veteran's current left eye disability is not etiologically related to his active duty service.

The Veteran's initial claim for a higher rating for his right lower extremity neurological disability was granted, with the assigned rating of 10 percent.

The Board has granted a higher 30 percent rating for the Veteran's service-connected non-Hodgkin's lymphoma, finding that his symptoms of weakness, easy fatigability, headaches, lightheadedness, or shortness of breath more nearly approximate the criteria for a 30 percent rating under Diagnostic Code 7700.

The Veteran does not have any current residuals of a head injury incurred in service.

The claim for special monthly pension (SMP) is being remanded due to the need for additional development, including obtaining records from Social Security Administration and securing private medical records.

The Board has remanded the case for scheduling a videoconference hearing at the RO closest to the appellant's residence. The appeal is not about service connection and thus does not specify conditions or exposure basis.

The Board has remanded the case due to the need for additional development, including obtaining quality assurance records and a VA examination.