Other conditions decisions — 2017

The Veteran's claim for increased ratings for post-ablative hypothyroidism (previously classified as Grave's disease) was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to May 20, 2016 and against entitlement to a rating in excess of 60 percent since that date.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital from November 6-20, 2010. The expert opinion stated that the Veteran was stable enough to transfer to a VA facility on November 5, 2010.

The Veteran's claim for an initial increased rating for a thoracic spine strain, rated 10 percent disabling is denied due to recurrent failure to report for a VA examination without showing of good cause.

The Board found that the Veteran's abdominal aortic aneurysm did not originate in service or within one year of service, nor is it causally related to active service. The VA examiner opined that the Veteran's AAA was not aggravated by his service-connected coronary artery disease.

The Veteran's claim for service connection for bilateral lower extremity peripheral arterial occlusive disease, which is secondary to his service-connected ischemic heart disease and exposure to herbicide agents in Vietnam, has been remanded due to the inadequacy of a medical opinion regarding the cause of the condition.

The Board has granted a waiver for the overpayment of death pension benefits in the amount of $3,743 due to undue financial hardship.

The Veteran's son, who is not a child under the VA definition, does not qualify for accrued benefits as he did not meet the eligibility criteria and filed his claim after one year of the Veteran's death.

The Board has denied the Veteran's claims for increased ratings for her left femur stress fracture, right femur stress fracture, and left middle metatarsal stress fracture as there is no additional compensable limitation of motion or other functional impairment due to these conditions.

The Veteran's claims for increased ratings for his service-connected right and left foot disabilities have been denied as a matter of law due to the Veteran's failure to report for a scheduled VA examination.

The Veteran's appeal for a higher rating for his right hand sprain was granted, with the VA assigning no additional compensation beyond the current 10 percent.

The Board found that the Veteran's character of discharge from service was not dishonorable, and thus he is entitled to receive VA disability compensation.

The Board has determined that the Veteran's tonsillar cancer is not related to his military service, including exposure to Agent Orange. The claim for service connection for tonsillar cancer is denied.

The Board has denied the Veteran's claim for service connection for edema of the bilateral feet, finding that there is no current disability and the evidence does not show pathologic or chronic edema.

The Veteran has withdrawn his appeals for service connection for genital herpes and an evaluation in excess of 10 percent for lichen simplex chronicus (skin disability of the scrotum) prior to April 19, 2010, and in excess of 30 percent thereafter.

The Veteran's case is being remanded for additional development and adjudication, including the need to obtain updated VA and/or private treatment records, and to schedule appropriate VA examinations to determine the current severity of her service-connected right talus and fibula disability in conjunction with any combined effects of other disabilities. The Board will then readjudicate the case on an extra-schedular basis.

The Board has remanded the case due to failure to substantially comply with its February 2015 remand directives. The AOJ is instructed to attempt to obtain a complete copy of the Veteran's service treatment records, particularly to include all service dental records and any other pertinent VA treatment records. If unsuccessful in obtaining these records, the appellant should be notified.

The Veteran's left foot disability involving multiple fractures and a hallux varus deformity with bunion results in moderate impairment, manifested by pain, weakness, swelling, and functional limitations affecting his ability to stand and walk. The criteria for a higher rating are not met.

The Veteran's facial scars, which have been rated as 30 percent disabling since February 27, 2006 and now 80 percent disabling since August 15, 2013, are found to more closely approximate visible or palpable tissue loss and either gross distortion or asymmetry of three or more features or paired sets of features. The highest possible evaluation has been assigned.

The Board finds that the Veteran's edentulous TMJ popping had its onset during service and grants service connection for this condition.

The Veteran's claim for service connection for colorectal cancer and post-surgical residuals from removal of the colon, bladder, and prostate is being remanded due to the need for additional development including obtaining VA treatment records and a medical opinion regarding his exposure at Camp Lejeune.