Other conditions decisions — 2017

The Board has remanded the case due to failure of the Veteran to report for a VA examination. The appeal is now pending and will be scheduled for another examination.

The Board found that the Veteran's mandible fracture resulted in nonunion of the mandible with at most moderate displacement and limitation of motion, warranting a rating of 10 percent. The claim for an increased rating was denied.

The Board has remanded the claims for SMC and TDIU due to incomplete development. A VA medical opinion is needed regarding loss of use of an extremity, and referral to the Director of Compensation Service for extraschedular consideration on TDIU.

The Board has determined that the Veteran's right leg and gastrointestinal disorders are not related to his active service or due to his service-connected hypertension.

The Veteran's appeal was denied for higher initial disability ratings and temporary total rating based on right eye surgery. The issue of entitlement to TDIU has been raised but is not addressed in this decision.

The Veteran's left ring finger amputation was evaluated and found to be manifested by pain, calluses, and an amputation at the level of the proximal third of the middle phalanx. The Board determined that this did not meet the criteria for a 20% rating due to lack of metacarpal resection or more than half of the bone removed.

The Veteran's right elbow degenerative joint disease contributed to his immediate cause of death from pancreatic cancer, warranting service connection for the cause of death.

The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's skin condition, which may be related to environmental exposures during service in Bosnia.

The Veteran's income exceeded the maximum allowable pension rate (MAPR) for a veteran with one dependent, thus he is not entitled to nonservice-connected pension benefits.

The Board has determined that the Veteran's gastrointestinal disability, including stomach disorder and esophageal lesions, is related to his service-connected PTSD. The claim for service connection is granted.

The appellant's income exceeds the maximum allowable for death pension benefits, thus her claim for NSC death pension is denied.

The Veteran's claim for a TDIU was denied as she failed to provide the necessary information and forms required by VA regulations.

The Board has determined that the Veteran's right hip and right leg disabilities were not incurred in or aggravated by service, as there was no evidence of an injury, disease, or event during service. The disabilities have been diagnosed many years after separation from service.

The Veteran seeks service connection for breast cancer, including lymph node removal and radiation treatment. The case is being remanded to clarify her Camp Lejeune exposure dates and obtain a medical opinion regarding the relationship between her breast cancer and exposure to contaminated water at Camp Lejeune.

The Board has determined that the Veteran's death was caused by his service-connected CML, which is not among the diseases presumed for those exposed to herbicides. However, resolving reasonable doubt in favor of the claimant, the Board finds that service connection can be established on a direct basis.

The Veteran's service from February 4, 2009 to March 17, 2009 did not constitute active duty and therefore does not meet the eligibility criteria for VA educational assistance under Chapter 33 of Title 38.

The Veteran's diagnosed Multiple System Atrophy (MSA) is likely the result of his active service, specifically his exposure to herbicide agents during his service in Vietnam.

The Board finds that an increased apportionment of the Veteran's VA disability compensation in the amount of $109 a month on behalf of his dependent minor child, K.L.R., is granted as it does not create undue hardship to the Veteran or other persons of interest.

The Board has determined that the Veteran's current respiratory disorder is not related to service or asbestos exposure, and thus denied his claim for service connection.

The Board has granted the Veteran's claim for service connection for lymphoproliferative disorder, finding that there is at least equipoise evidence regarding whether his current condition is related to in-service exposure to chemicals and post-service painting work.