Other conditions decisions — 2017

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's right leg disorder claim will be further addressed after these actions.

The Veteran's knee disabilities were not found to warrant increased ratings, with the exception of a temporary increase in rating from September 2, 2015 to September 19, 2016. The Board denied the claims for staged increases.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining outstanding treatment records and issuing a Statement of the Case for his remaining issues.

The Veteran's service connection claim for chronic myelomonocytic leukemia is granted as it is at least as likely as not related to his in-service herbicide exposure.

The Veteran's claims for service connection for a dental disability due to loss of crowns are denied. The Board found that the Veteran does not have a compensable condition for which he can receive compensation, and his claim for treatment purposes is also denied.

The Veteran's lumbar spine disability has been characterized by pain and limitation of motion with forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. The Board finds that a rating of 20 percent, but no higher is warranted.

The Veteran's death was caused by squamous cell carcinoma of the soft palate, but there is no evidence to support a service connection for this condition. The Board found that the cause of death was not related to his military service.

The Board found that the Veteran's preexisting tendon damage of the left hand fingers was not aggravated by service and therefore denied his claim for service connection.

The Veteran's claim for service connection for amyotrophic lateral sclerosis was received on June 13, 2016. The effective date is set to this date as it is the earliest possible under VA regulations.

The Board found that the overpayment of VA benefits in the amount of $41,396.00 was validly created and did not involve fraud, misrepresentation, or bad faith on the part of the appellant. However, recovery of this debt would result in financial hardship for the appellant and defeat the purpose which benefits were intended.

The Board has determined that the Veteran's respiratory disability, including asthma and emphysema, is not etiologically related to her active service or exposure to environmental toxins in Southwest Asia. The preponderance of evidence does not support a finding that the current respiratory condition was incurred during service.

The Veteran's claim for a TDIU remains on appeal and has been remanded to the Director, Compensation Service, for extra-schedular consideration of a TDIU under the provisions of 38 C.F.R. § 4.16(b).

The Veteran has been diagnosed with diffuse large B-cell lymphoma and the Board grants service connection for this condition. The issue of service connection for a lymphatic system disability other than lymphoma, to include lymphedema, remains before the Board.

The Veteran's appeal for increased evaluations for myofascial pain dysfunction has been withdrawn, and the claim is dismissed.

The Board has determined that the Veteran's left lung cyst and herniated disc (L5-S1) do not meet the criteria for service connection or an initial rating higher than 10 percent prior to March 21, 2006, and 20 percent thereafter.

The Veteran is not entitled to a higher rate of VA nonservice-connected pension benefits due to his income exceeding the maximum allowable amount.

The Board finds that the Veteran's claimed left hand disorder is not related to his military service or a service-connected disability, and thus denies the claim.

The Board has remanded the case due to failure to notify the Appellant of responses from the Army and NPRC regarding his service, and for providing him an opportunity to respond.

The Veteran's service-connected bilateral wrist tenosynovitis is currently rated at 10% each, and the Board finds that there is no evidence of ankylosis or other conditions warranting a higher rating.

The Board has denied the Veteran's claim for service connection for polyarteritis nodosum, finding that there is no evidence to support a causal relationship between his active duty service or any service-connected conditions and his current condition. The preponderance of the evidence does not support a finding that the Veteran's polyarteritis was incurred in service.