Other conditions decisions — 2018

The Board found clear and unmistakable error in the May 1970 rating decision that assigned noncompensable evaluations for SFW scars of the right buttock, left iliac crest, and left thigh. The May 1970 rating decision is revised to assign a 30 percent initial rating from January 13, 2018.

The Veteran's claim for a higher rating for her ACL obstruction is denied. A 10% rating is granted for her symptomatic removed meniscus of the left knee. The issue of an increased rating for degenerative arthritis of the left knee, manifested by limitation of flexion, and entitlement to TDIU are remanded.

The Veteran's claim for service connection for a fungal infection of the left thumb was denied. Service connection for PTSD was granted, but the claims for schizoaffective disorder and polysubstance abuse were remanded due to insufficient evidence regarding their relationship with PTSD.

The Veteran's claim for service connection for compensation purposes of residuals of dental trauma, including a chipped upper incisor, has been denied as the condition is not considered a disability for VA compensation purposes.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for a postoperative small bowel disability is dismissed as the appeal has been rendered moot by the award of secondary service connection for such disability. The extension of the temporary total rating for convalescence following re-implant of a penile prosthesis reservoir in December 2010 is granted through October 31, 2010.

The Veteran's hammer fingers, liver disorder, and esophageal varices claims were denied. The lung disability claim was remanded.,Service connection for a lung disability due to exposure to herbicide agents is not warranted.

The Board has reopened the claim for service connection for rupture of the right hamstring muscle, which was previously denied due to lack of evidence linking it to active duty. The new evidence includes updated medical treatment records and VA examination opinions that now support a finding that the condition is related to the Veteran's service-connected right knee disability.

The Veteran's appeal was dismissed because he died during the pendency of his case.

The Veteran's additional disability of colon cancer is due to a delay in scheduling and completing a colonoscopy, which was caused by faulty or negligent medical care at the VA medical facility. The claim for compensation under 38 U.S.C. § 1151 has been granted.

The Board has remanded the claims of service connection for squamous cell carcinoma of the tongue and TDIU due to service-connected disabilities. The Veteran's claim is being reviewed again as new evidence was submitted within one year of the previous denial.

The Veteran's service connection claim for residuals of a fracture of the left hand, including the little finger, was granted. The disability is considered to be directly related to his active service.

The Veteran's appeal is remanded to clarify whether payment or reimbursement has been granted for the cost of medical services received at Kootenai Medical Center from October 19, 2013 through October 21, 2013. If not, the VISN should determine if such payment can be granted under specific VA regulations.

The Veteran's service-connected right knee disability is being remanded for a new VA examination to assess the current severity of her condition.

The Board has remanded the case for additional development, including a VA examination to assess the current severity of the Veteran's service-connected residuals of right index finger dislocation and its impact on his employment. The claim will be re-adjudicated after all evidence is considered.

The Veteran is granted special monthly pension based on the need for aid and attendance due to upper and lower extremity weakness, loss of muscle strength, and balance issues that make daily activities difficult.

The Veteran's initial compensable rating for status post orchitis with right testicular atrophy is denied, and the case is remanded for further action on a total disability rating based on individual unemployability.

The Veteran's death was not caused by any service-connected disability, and the Board found no causal connection between his ischemic cardiomyopathy and dementia and his active service.

The Board denied the Veteran's claim for service connection for residuals of a perforated eardrum, finding that there is no current diagnosis or evidence linking his claimed condition to military service.

The Board granted the waiver of recovery of a $4,480 overpayment due to an error in disbursing pension benefits after the appellant and her ex-husband divorced. The appellant was not at fault; VA's failure to timely change the dependent status documentation outweighed any fault attributed to the appellant.

The Veteran's claim for a transportation allowance was denied as there is no evidence of incurred costs associated with transporting his remains to Fort Snell National Cemetery.