Other conditions decisions — 2018

The Board has determined that the Veteran's death was caused by his fatal carcinoma of the lung, which is considered to be related to service exposure to asbestos. The Board found that there was at least an even balance of evidence regarding whether the cause of death (carcinoma of the lung) was due to service-connected conditions.

The Board has granted an effective date of January 17, 2013 for the award of service connection for residuals of transient ischemic attack/stroke and muscle weakness of both upper extremities. The decision is based on the Veteran's credible reports of bilateral upper extremity weakness since his May 2012 stroke.

The Veteran's claim for a rating in excess of 30 percent for nephrolithiasis was denied as the evidence did not show constant albuminuria with some edema, definite decrease in kidney function, or hypertension at least 40 percent disabling under diagnostic code 7101.

The Board has remanded the claim for service connection for residuals of a cold injury, claimed as Raynaud's syndrome, due to insufficient medical evidence on file. The Veteran is competent to describe his exposure to cold weather during service and his private physician believes the condition may be related to frostbite injuries from service.

The Board has remanded the case due to incomplete service records and the need to locate deck logs for the Veteran's ships during his active duty. The appellant claims that exposure to herbicide agents caused the Veteran's death, but there is no evidence of such exposure in the record.

The Board has partially vacated its October 2017 decision and remanded the issue of service connection for allergies, including as due to penicillin. The Veteran was exposed to penicillin while in-service, but a VA examination is needed to determine if his current allergies are related to this exposure.

The Board denied the appellant's claims for nonservice-connected death pension, special monthly pension (SMP), and burial benefits due to her income exceeding the maximum limits, lack of need for regular aid and attendance or housebound status, and failure to use personal funds for the Veteran's burial expenses.

The Board has remanded the cases for further development due to missing VA treatment records and a need for an examination of the Veteran's left ring finger disability.

The Veteran's claim for a higher rating for his chronic back pain with Scheuermann’s Disease is remanded due to the need for an updated examination.

The Veteran's son is not considered a 'helpless child' due to his ability to support himself and receipt of federal benefits, leading to the denial of the claim.

The Veteran's claim for an increased rating for his thoracic spondylosis and dextroscoliosis of the thoracic spine is being remanded due to the need for updated examination and/or opinion regarding the severity of his condition.

The Board has remanded the case for additional development, including obtaining VA and private treatment records related to the Veteran's respiratory disability. A new VA examination is also needed to assess his current level of disability.

The Veteran withdrew all his appeals, including the one for CHAMPVA benefits. As a result, the Board dismissed this issue.

The Board denied the reopening of claims for service connection for bilateral pterygium, corneal astigmatism, and floaters due to lack of new and material evidence showing a relationship between these conditions and service.

The Board denied a request for an earlier effective date for the award of service connection for the cause of the Veteran's death, finding that the claim was received more than one year after the Veteran's death and more than one year after the liberalizing legislation adding ischemic heart disease to the list of presumptive diseases associated with exposure to herbicides in Vietnam.

The Board denied service connection for refractive error and bilateral pseudophakia as there was no evidence of a disease or injury incurred in or aggravated by active military service.

The Board has remanded the claims for bilateral vision loss and TDIU due to potential service connection issues, including a need for additional development such as obtaining medical records and scheduling an examination.

The Board found that the appellant's service from May 1968 to December 1969 is dishonorable for VA purposes and therefore a bar to VA benefits.

The Veteran's dental disorder for tooth 8 has been productive of loss of a tooth due to loss of substance of body of maxilla or mandible without loss of continuity. The loss of masticatory surface has been shown to be restorable by suitable prosthesis, and the Veteran received treatment to restore this surface with a prosthesis.

The Veteran's claim for service connection for residuals of transsphenoidal resection of pituitary tumor is granted, as the evidence shows that his vision problems began during active service and are related to his pituitary tumor.