Other conditions decisions — 2018

The Veteran's claim for a higher rating for PTSD prior to January 25, 2010 is denied as his symptoms did not meet the criteria for a disability rating in excess of 50 percent.

The Veteran's appeal is remanded due to the need for clarification of his SSA benefits and additional medical records. The issues of a compensable rating for mental manifestations as residuals of a cerebral infarction, and an effective date earlier than July 6, 2017, for special monthly compensation based on aid and attendance are also being remanded.

The Board denied the Veteran's claim for service connection for a pulmonary disorder as there is no current diagnosis of such condition.

The Veteran's unauthorized medical expenses incurred at Tallahassee Memorial Healthcare from January 11 to January 12, 2012 were granted as the care was for a continued medical emergency and he could not have been safely discharged or transferred to a VA facility.

The Veteran's left elbow strain resulted in limited flexion but not to the extent that would warrant a higher rating. The current noncompensable and 10 percent ratings are maintained.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's residual disability is related to his Valium overdose during VA treatment. Additional development, including obtaining a new VA opinion and reviewing all relevant records, is needed.

The claim for service connection for multiple myeloma, claimed as the result of herbicide exposure, is reopened due to new and material evidence. However, since there was no in-service exposure to herbicides and no presumption applies, service connection cannot be established.

The Veteran's claim for an earlier effective date for a ten percent evaluation of his left elbow disability is denied as the earliest possible effective date is November 16, 2014.

The Veteran's claim for payment or reimbursement of unauthorized non-VA medical care received from May 2015 to June 2015 at Main Street Family Chiropractic in Newark, Delaware is denied as there was no prior authorization and the treatment did not meet the criteria for emergency treatment.

The Board has granted service connection for agoraphobia with panic disorder, finding that the Veteran's current condition is related to his in-service symptoms and resolving reasonable doubt in his favor.

The Veteran's surviving spouse is not eligible for VA death pension benefits due to her income exceeding the maximum annual pension rate.

The Board denied the appellant's appeal, finding that his character of discharge was a bar to VA benefits due to willful and persistent misconduct during service.

The Board has remanded the case for a new VA examination to determine if the Veteran's carcinoid tumor of the small bowel is related to his in-service herbicide exposure and whether it was aggravated by his service-connected prostate cancer.

The Board has remanded the Veteran's claims for hernia and PTSD as they require further development to clarify diagnoses, obtain medical opinions, and consider all evidence in the file.

The Board finds that additional development is needed prior to final adjudication of the issue on appeal, including obtaining missing medical records and arranging for a new VA examination.

The Veteran's spouse, P.L., is granted spousal aid and attendance allowance due to her inability to care for herself as a result of her paraplegia and related conditions.

The Veteran's claim for a disability rating in excess of 30 percent for liver failure, status post liver transplantation from September 1, 2012 is denied as there are no signs or symptoms attributable to chronic or infectious liver disease and the condition does not impact his ability to work.

The Veteran's claim for service connection for a recurrent gastrointestinal disorder to include colon cancer residuals is remanded due to incomplete records of occupational radiation exposure. The VA needs to obtain updated records and schedule the Veteran for an examination to determine if his current condition is related to his military duties as a nuclear, biological, and chemical NCO.

The Veteran's right knee disability, specifically Osgood-Schlatter disease, is being remanded for a new examination to comply with Correia and Sharp requirements due to the lack of passive range of motion measurements and pain on weight-bearing testing in the previous VA examination.

The Board has decided to remand the claims for service connection for left and right knee instability, as well as higher ratings for arthritis and patellofemoral syndrome of both knees. The Veteran needs a new VA examination by a different examiner at a facility where she has not worked.