Other conditions decisions — 2018

The Board has decided that the Veteran's claim for service connection for residuals of a left facial injury, including eye disability, needs to be remanded due to insufficient evidence and need for further examination.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and potential issues with notification of VA examinations. The examiner is requested to provide opinions on whether the Veteran's pre-existing abdominal gunshot wound was aggravated by service, and if any diagnosed abdominal ulcer condition is related to his active service or residuals of an abdominal gunshot wound.

The Board denied the reduction of compensation benefits due to incarceration for a felony conviction as it was not proper, given that the specific provisions of 38 U.S.C. § 5313 control over the general statement in 38 C.F.R. § 3.105.

The Board has decided that the Veteran's TMJD may be related to his service-connected persistent depressive disorder, but a new examination is needed to determine this.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to a ruptured aorta resulting from VA treatment is denied as there is no evidence of additional disability caused by carelessness, negligence, lack of proper skill or error in judgment on the part of VA.

The Board has decided to remand the case due to insufficient evidence regarding the onset of the Veteran's carcinoid cancer and its relation to service. The appellant argues that her husband was exposed to nuclear materials during his active duty in Germany, which may have caused or contributed to his death from metastatic carcinoid of the pancreas.

The Veteran withdrew their appeals for service connection of right eye retinopathy and the effective dates for pericarditis with edema of both legs.

The Veteran's appeal for special monthly compensation (SMC) based on aid and attendance or housebound status has been dismissed due to the death of the Veteran.

The Veteran's claim for an increased rating for dysthymic disorder was denied. The Board found that a higher disability rating is not warranted for any of the periods of appeal.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board has remanded the case due to a recent Court of Appeals for Veterans Claims decision requiring joint testing, and because there is no substantive appeal on file regarding a temporary total disability rating based on convalescence.

The Veteran's costochondritis is rated at 20 percent disabling, the highest possible under the applicable rating code. No higher rating can be granted.

The Board has remanded the Veteran's claim for an initial compensable rating for residuals of the healed right first metacarpophalangeal fracture with residual thumb fibrosis due to a lack of proper examination and additional development is required.

The Veteran's claims for higher ratings are remanded due to unclear location of his finger amputations and need for a new VA examination.

The Board denied requests for an effective date prior to June 24, 2013 for the award of service connection for left and right foot disabilities.

The Veteran's cause of death was denied service connection due to lack of evidence linking the cancer to Agent Orange exposure. The appellant filed a new claim for service connection in 2013, which was granted with an effective date of June 17, 2012, based on liberalizing VA regulations. However, as the claim was not filed within one year of the law's effective date, no earlier effective date is allowed.

The Veteran's loss of smell is considered an undiagnosed illness related to service in the Southwest Asia theater, specifically exposure to burn pits. The Board granted service connection for this condition.

The Board denied service connection for chicken pox and its residuals as there is no current diagnosis of the condition during the appeal period.

The Veteran's request for waiver of an overpayment of education benefits was denied because she was found to be at fault in creating the debt due to her failure to notify VA of changes in enrollment. The Board concluded that recovery would not be against equity and good conscience.

The Veteran's death was caused by severe pulmonary fibrosis, which the Board found to be a direct result of his service-connected asbestos exposure. As a result, the appeal for service connection for cause of death is granted.