Other conditions decisions — 2018

The Veteran's claim for service connection for a dental disorder is denied because the condition does not meet the criteria for compensation under VA regulations.

The Board denied service connection for residuals of a fracture of the right small finger and remanded the issue of entitlement to an initial compensable evaluation for degenerative spurring of the right thumb metacarpal joint (thumb disorder).

The Board has decided to remand the case due to incomplete medical records, specifically those from Germany where the Veteran lived after service. The examiner needs to consider these records and determine if the current diverticulitis is related to his military service or aggravated by his service-connected IBS.

The Board is remanding the case to determine if the overpayment of VRAP educational benefits in the amount of $3,790.40 was properly created and whether a waiver of recovery should be granted.

The Board found that the Veteran's post-surgery pain and limitation of motion were not caused by negligence or carelessness on the part of VA, as scarring is a foreseeable result of lumbar decompression with interbody fusion. The claim for compensation under 38 U.S.C. § 1151 was denied.

The Board has remanded the cases due to need for additional VA examination to determine the current severity of the Veteran's service-connected stress fractures.

The Board has determined that the service records are unavailable and requests additional information from the National Personnel Records Center to determine if there is any relevant medical or service history. The case will be remanded for further action.

The Veteran's heart disability, specifically aortic dissection, is not presumed to be related to herbicide exposure. However, the Board has directed that another VA examination should be conducted to determine if there is any direct causation of the condition due to service.

The Board denied the Veteran's request for an earlier effective date for Waldenstrom’s macroglobulinemia and Hodgkin's lymphoma, finding that the correct effective date is October 27, 2005.

The Board has dismissed the appeals for annual VA clothing allowances due to the death of the appellant.

The Veteran's chronic lymphocytic leukemia is related to exposure to Agent Orange during service in Korea and has been granted as service connected.

The Board has remanded the cases for further development and consideration due to inconsistencies in income reporting, particularly regarding the younger child's Social Security benefits.

The Veteran's unauthorized medical expenses incurred at Florida Hospital on March 4, 2013 are granted as the hospitalization was for a service-connected condition and VA facilities were not feasibly available.

The Veteran's claim for an increased rating and earlier effective date for his service-connected residuals of a resection of the large intestine with cholecystectomy was denied. The Board found that there were no more than moderate symptoms, which warranted a 20 percent rating. There was also no evidence of any ascertainable increase in disability during the year prior to April 7, 2015, nor is there any communication prior to that date, which could even be construed as an informal claim for an increased rating.

The Veteran's service-connected insomnia was granted a 30 percent rating from May 24, 2015 to December 9, 2016.

The Board denied the Veteran's surviving spouse recognition due to inconsistencies in how they represented their marital status, particularly with VA. The appellant claimed an informal marriage but provided evidence that contradicted her claims.

The Veteran's appeal for a total disability 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 updated medical records and scheduling a new VA examination to assess the severity of the Veteran's right index finger disability.

The Board denied the Veteran's claims of service connection for a right great toe disability and a bilateral hand disability, finding that there is no current evidence of these conditions.

The Board denied the Veteran's claims of service connection for right lower extremity neurological impairment and hearing loss, finding that the additional disabilities were not caused by VA care or negligence. The claim for hearing loss was reopened based on new evidence.