Other conditions decisions — 2017

The Veteran's right knee chondromalacia patella has not been productive of ankylosis, moderate recurrent subluxation or lateral instability, dislocated semilunar cartilage with frequent episodes of 'locking', pain and effusion into the joint, limitation of flexion to 60 degrees or less, limitation of extension to 5 degrees or less, impairment of the tibia and fibula, or genu recurvatum. Therefore, he is not entitled to an increased evaluation for his right knee chondromalacia patella.

The Board has granted the Veteran's request to reopen his claim of entitlement to service connection for a back disability, specifically ankylosing spondylitis. The new evidence received is sufficient to warrant reopening the claim.

The Veteran's claim for non-service connected pension is denied because he did not serve during a period of war, which is a requirement for eligibility.

The Board has reopened the Veteran's claim of service connection for colon cancer and granted it, finding new and material evidence. The Veteran is now entitled to a VA examination to determine the etiology of his gastrointestinal disorder.

The Veteran's HIV was not incurred in or aggravated by service. The Board found the evidence insufficient to establish an in-service event that led to the development of HIV, and thus denied the claim.

The Board has determined that the Appellant does not have standing to pursue a claim for DIC benefits as an adult child of the Veteran.

The Veteran's dependents have met the criteria for inclusion as dependents from November 1, 1989.

The Veteran's claim for an increased evaluation for his service-connected left wrist condition is being remanded due to the need for a new VA examination and consideration of outstanding VA treatment records.

The Veteran seeks service connection for leukemia as secondary to Agent Orange exposure and other inservice chemical exposures. The case is REMANDED due to the need for a VA examination to determine if his leukemia is related to these exposures.

The Veteran's lung condition is not etiologically related to service, including asbestos exposure in service. The Board finds that the Veteran's current lung condition is not related to asbestos exposure and assigns greater probative weight to the opinions of the VA examiner and VHA medical opinion.

The Board has restored the Veteran's 40 percent rating for post-operative ventral hernia, effective August 16, 2013.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for dysphagia resulting from a failure to obtain informed consent prior to UPPP surgery in January 2008. The case has been remanded due to the need to obtain and associate all outstanding VA treatment records, including a copy of the signed consent form.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for chronic gastritis and fecal impaction caused or aggravated by VA medication, specifically ferrous sulfate and tramadol. The Board has determined that a VA opinion is needed to determine if these conditions were caused or aggravated by VA care.

The Veteran is granted an initial 20 percent evaluation for residuals of a pilonidal cyst prior to August 14, 2014.,The Veteran's claim for an increased evaluation in excess of 20 percent for residuals of a pilonidal cyst on or after August 14, 2014 is denied.

The Board found that the evidence was at least evenly balanced in regard to whether the Veteran's breast cancer was caused by or related to service. The Veteran's current diagnosis of left breast invasive lobular carcinoma and the in-service discovery of a benign fibroadenoma are supported, but there is conflicting medical opinion regarding the relationship between these events. The Board granted service connection for breast cancer due to the benefit of doubt.

The appeal is being remanded due to missing contents of the claims-file, including documents related to the Veteran's claim for VA home loan benefits and the decision on that claim. The AOJ must take all necessary actions to locate these documents or rebuild them if they are lost.

The Board denied the Veteran's claims of entitlement to service connection for gout and hiatal hernia, finding that there was no direct evidence linking these conditions to his active service. The Board also found that the Veteran did not meet the criteria for a TDIU prior to January 6, 2011.

The Board found that the November 12, 1964 rating decision denying service connection for a bladder condition was not clearly and unmistakably erroneous. The claim of reopening the urinary tract disability (claimed as bladder neck contracture) was denied due to lack of new and material evidence.

The Board has determined that additional development is needed before the appeal can be decided. The Veteran's claim for service connection for myotonic myopathy, claimed as the loss of use of the left extremities, will be remanded to allow for further examination and opinion.

The Veteran's superficial phlebitis and thrombophlebitis of the right upper extremity were caused by a VA-administered injection on August 21, 2005. The condition was not caused by her own willful misconduct and is considered to be an event reasonably foreseeable.