Other conditions decisions — 2017

The Veteran's left elbow disability, characterized by traumatic arthritis affecting one major joint group and limited flexion to 100 degrees prior to March 7, 2011, is rated at the maximum available under the applicable rating criteria for the major extremity.

The Board has determined that the Veteran's heat intolerance condition, which started in service and continues to this day, meets the criteria for service connection.

The Veteran's death was caused by acute myeloid leukemia, which is not service-connected as it did not arise from his military service or any service-connected condition.

The Veteran's claim for increased ratings for her degenerative joint disease (DJD) of the L3-L5 spine is being remanded due to insufficient examination and lack of information regarding functional loss during flare-ups.

The Veteran's claims for service connection for hearing loss and an increased rating for appendectomy scar were denied. The claim for hearing loss was denied due to the lack of a current disability, while the claim for an increased rating for appendectomy scar was denied as there is no evidence from the period between May 9, 2007 and February 7, 2012 that the Veteran's one appendectomy scar was either painful or unstable.

The Board is remanding the case for additional development, including obtaining VA treatment records and service treatment records. The Veteran's death was caused by pneumonia with contributory causes of recent massive pulmonary embolism, severe peripheral vascular gangrene right great toe, and old cardiovascular accident. The cause of death will be reviewed to determine if it is related to service.

The Veteran claims compensation under U.S.C.A. § 1151 for breast cancer, alleging that VA failed to timely diagnose and treat her condition, leading to increased disability or death. The Board has decided to remand the case for further development.

The Veteran does not meet the eligibility criteria for non-service connected pension benefits as he did not serve 90 days or more during a period of war and was not discharged due to a service-connected disability.

The Veteran's son is seeking benefits under 38 U.S.C.A. § 1815 for his hypospadias, which he claims was caused by his father's exposure to herbicide agents during service in the Republic of Vietnam. However, since the appellant's mother did not have military service in Vietnam, the criteria for benefits under this section are not met.

The Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment consistent with his education and industrial background, and the Board finds that he is unemployable as a result of these conditions.

The Veteran's claim for service connection for a chronic upper gastrointestinal disorder is being remanded due to the need for additional evidence and an examination.

The Board has denied the Veteran's claim for service connection for numbness in both arms, finding that there is no objective evidence of a qualifying chronic disability and that his symptoms are not related to active duty service or an undiagnosed illness. The issue of entitlement to TDIU remains pending as it is inextricably intertwined with the PTSD rating issue.

The Veteran and the Appellant were not married for at least one year, did not have children together, and their marriage occurred after January 1, 2001. Therefore, the Appellant is not entitled to receive VA death benefits.

The Veteran's claim for payment or reimbursement of medical care expenses incurred at Naval Hospital Jacksonville on December 30, 2012 was timely filed and the Board finds that he is entitled to reimbursement.

The Veteran's claim for an annual VA clothing allowance is denied as she does not have a service-connected skin or knee disability, and her back brace does not qualify for the benefit.

The Board has remanded the case due to incomplete records and additional development is needed, including obtaining documents from the Army Board for Correction of Military Records.

The Board has decided to remand the case for further development, including scheduling a VA examination and obtaining updated treatment records. The Veteran's claim of service connection for residuals of malaria will be reconsidered after these actions.

The Board has granted the Appellant's petition to reopen her claim for service connection for nonunion medial epicondylitis, left elbow. The Veteran's pre-existing condition was initially injured during his service and aggravated by exposure to tear gas while in service. Service connection is granted.

The Board denied reopening the claims of residuals of a cold injury to the bilateral upper and lower extremities and polydactylism of the bilateral hands and feet, as new and material evidence was not presented.

The Board found that the Veteran's mitral valve prolapse and regurgitation were not caused by VA medical treatment, and thus denied compensation under 38 U.S.C. § 1151.