Other conditions decisions — 2017

The Veteran's claim for service connection for a lip condition was granted, with the decision based on evidence that is not related to exposure to Agent Orange or other presumptive conditions.

The Board finds that the reduction of the 100% rating for prostate adenocarcinoma with residual radiation cystitis from October 1, 2013 was proper. The Veteran's service-connected status post prostate adenocarcinoma with residual radiation cystitis is currently rated at 40% from October 1, 2013 to September 25, 2014.

The Board denied the waiver of overpayment of VA DIC benefits in the amount of $7,733.00 due to fault on the part of the appellant and VA, as well as lack of undue financial hardship.

The Board has determined that the Veteran's myelodysplastic syndrome is related to his service, specifically exposure to herbicide agents during his Vietnam service. As a result, the claim for service connection is granted.

The Board has ordered additional development to determine the etiology of the Veteran's Crohn's disease, including whether it was caused or aggravated by his service-connected hemorrhoids and/or treatment for such disability. The case is also remanded to address whether the March 2007 VA intestinal surgery aggravated the Veteran's Crohn's disease.

The Veteran's tachycardia disability was found to have begun during her active duty service and is therefore granted as service connected.

The Veteran's claims for increased ratings for his service-connected left leg condition and residuals of a left arm abscess were denied. The Board found that the current disability ratings adequately reflected the severity of the conditions.

The Board found that the Veteran does not have a history of rheumatic heart disease, and his currently diagnosed cardiovascular disorders did not manifest during active military service or to a compensable degree within one year of service separation, and are not related to a sore throat that occurred during active service.

The Veteran's TMJ syndrome with bruxism is rated at 10 percent prior to August 8, 2017, and at 20 percent beginning on that date.

The Board denied the Veteran's service connection claim for a lung disability and remanded the issue of an initial rating in excess of 10 percent prior to February 19, 2014, and in excess of 30 percent thereafter, for bilateral hearing loss. The case is being remanded again due to inadequate development.

The Veteran's claim for an initial evaluation in excess of 30 percent for total abdominal hysterectomy, left salpingo-oophorectomy, and partial right oophorectomy is denied.

The Veteran's left foot disorder with degenerative changes is rated at 20 percent, the highest possible under Diagnostic Code 5284.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical records and providing a VA examination.

The Veteran's appeal is being remanded for further development, including a new examination to assess the current severity of his dysequilibrium.

The Board has determined that the Veteran's metastatic pancreatic cancer, which caused his death, is related to his exposure to herbicide agents in service, specifically Agent Orange. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's claim for an earlier effective date for dependency benefits for his adopted grandson, E.D., was granted. The effective date is set at September 14, 2007, the date of submission of the request to include E.D. as a dependent.

The Board has remanded the case due to a need for updated VA treatment records and an examination to determine if there is a diagnosis of soft tissue sarcoma. The Veteran's exposure to Agent Orange during service in Vietnam is conceded, but the issue remains whether any reported symptoms are manifestations of this condition.

The Veteran's appeal for a total rating based on individual unemployability due to service-connected disabilities has been dismissed because the Veteran died during the pendency of the appeal.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA eye examination to determine if the appellant's visual impairment is related to his active service.

The Board has remanded the case due to issues regarding the validity of the overpayment and whether the appellant is entitled to a waiver. The VA will prepare a detailed audit of the account, including how the overpayment amount was calculated.