Other conditions decisions — 2017

The Board has determined that the appellant is the Veteran's surviving spouse for VA benefits purposes, and therefore entitled to compensation for service connection for the cause of death.

The Board has remanded the case for additional development, including obtaining private medical records from Dr. G. and other relevant records.

The Veteran's claim for a rating in excess of 10 percent for residuals of a gunshot wound to MG XVIII was denied. The Board found that the evidence did not support findings consistent with a moderately severe disability, which is required for the next higher rating prior to May 16, 2017. For the period beginning May 16, 2017, the Veteran's disability more nearly approximated a moderately severe disability and was therefore granted a 20 percent rating. The claim for TDIU was not addressed as it is contingent on the denial of the rating claim.

The Board has determined that the Veteran's right and left elbow disabilities are not related to his military service, as there is no evidence of such conditions during or immediately following service. The current diagnoses of arthritis in both elbows do not meet the criteria for service connection.

The Board has remanded the case due to procedural errors and the need for new evidence, as the Appellant's discharge from service bars him from VA benefits.

The Board has remanded the case for further development, including a VA examination. The Veteran's claim of service connection for bruxism and temporomandibular joint disorders (TMJ) is pending.

The Board has remanded the case due to the need for additional medical records and a VA examination. The Veteran's claims for service connection for head and neck disorders are pending.

The Board has determined that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, his claim for benefits from the FVEC Fund is denied.

The Board has determined that the Veteran's chronic anemia is related to his service exposure to Agent Orange, and thus grants service connection for this condition.

The Board finds that there is no competent and credible medical evidence of a current lung condition or persistent symptoms thereof, and thus the Veteran's claim for service connection for a lung condition cannot be granted.

The Board has remanded the case for issuance of a statement of the case addressing the issue of an effective date earlier than April 1, 2010, for the grant of apportionment benefits. The claim of entitlement to an apportionment in excess of $150 monthly is also being remanded.

The Veteran is seeking service connection for cataracts, pinguecula, and as secondary to his service-connected diabetes mellitus. The Board has requested additional medical records from Dr. Michael Dale in Gaffney, South Carolina, and ordered an addendum opinion regarding the etiology of these conditions.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Board has remanded the case due to the unavailability of service medical records and a need for further search. The Veteran's claim is related to reopening a previously denied fungal infection of the toes.

The Veteran's active duty service did not occur during a period of war, thus they are not eligible for nonservice-connected pension benefits.

The Veteran's loss of upper and lower gums is not considered a qualifying additional disability due to VA care, as the evidence does not show that it was caused by negligence or lack of proper skill. The Board finds no fault on the part of VA.

The Veteran's left fifth finger disability, characterized by pain, limitation of motion, arthritis diagnosed by x-ray, and ankylosis, is rated at a 10 percent under the criteria for limitation of motion. The appeal is granted.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for radiation cystitis, which is a residual of the radiation therapy he received at St. Mary's Hospital in Colorado. The appeal is remanded to obtain records from St. Mary's Hospital related to his treatment.

The Veteran's left hand DJD has been rated at 10 percent since the initial rating decision. The appeal for a higher rating is granted.

The Veteran's appeal for an additional allowance for dependents prior to December 1, 2010 has been dismissed as the Veteran's representative withdrew the appeal.