Other conditions decisions — 2018

The appeal is being remanded due to the need for additional development regarding missing records related to the Veteran's alcohol rehabilitation program and Army Board for Correction of Military Records proceedings.

The Veteran's claim for an increased disability rating for HIV was denied. The Board found that the evidence did not meet the criteria for a higher rating, and thus the current 30% rating remains in effect.

The Veteran's cause of death, metastatic small cell cancer of the scrotum, was not related to his military service or any service-connected disability. The claim for accrued benefits based on claims of service connection for scrotal cancer with right leg swelling also failed as there is no evidence linking these conditions to the Veteran's military service.

The Veteran's claim for an initial compensable rating for his left ring finger disability is denied as the evidence does not support a higher rating under any applicable diagnostic code.

The Board is unable to determine if the Veteran's unauthorized medical treatment at Summa Akron City Hospital was eligible for reimbursement due to a lack of information regarding whether a VA facility was feasibly available and if there were any communications between VA and the hospital. The claim will be remanded to obtain this information.

The Board has remanded the case due to conflicting information regarding whether the appellant was still married to the Veteran at the time of his death. The appellant insists they were not divorced, but there is no clear evidence.

The Veteran's claim for special monthly compensation due to loss of use of hands and need for regular aid and attendance is remanded as the evidence does not meet the standard required for such a determination.

The Veteran's claim for Post-9/11 GI Bill (Chapter 33) benefits at the 100 percent rate is remanded due to a missing award letter that specifies the total number of days of aggregate creditable active duty.

The Board has denied the Veteran's claims for service connection for a gastrointestinal distress disability and for an initial compensable rating for erectile dysfunction. The appeal regarding a noninitial disability rating in excess of 30 percent for PTSD is still pending.

The Board has remanded the claims of service connection for duodenal ulcer and back injury, as well as the increased rating claim for bilateral hearing loss. The Veteran's spouse’s need for aid and attendance is also being remanded.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's need for aid and attendance, and substantial confinement.

The Veteran's initial claim for a compensable rating for bilateral foot dermatophytosis prior to August 17, 2017 and a rating in excess of 10 percent thereafter was denied. The Board found that the disability did not meet the criteria for higher ratings under the applicable schedular criteria.

The Board has granted an initial 100 percent evaluation for the Veteran's service-connected rectal disability, finding that it is more nearly characterized by complete loss of sphincter control.

The appeal for restoration of a 20 percent rating for an incisional hernia is dismissed. The earlier effective date claim for SMC based on loss of use of the bilateral lower extremities is denied as it does not meet the criteria.

The Veteran's urticaria is currently rated at 10 percent, and the Board finds that her symptoms do not warrant a higher rating as she does not have debilitating episodes requiring intermittent systemic immunosuppressive therapy.

The Veteran's claim for an earlier effective date for esophageal stricture was denied as the June 17, 2014, is the earliest date of receipt of a request to reopen his previously denied claim.

The Veteran's oropharynx cancer is related to his service, specifically to his in-service herbicide exposure during service in Vietnam. The Board finds that the most probative evidence supports a finding that the Veteran’s current oropharynx cancer is related to service.

The appellant's DIC benefits were correctly paid at the base rate of $1495.10 per month in 2014, and no additional payments are warranted as there was no change in the Veteran's service-connected condition or exposure basis.

The Board denied service connection for memory loss and night sweats, finding that the Veteran's symptoms did not meet the criteria for a qualifying chronic disability under 38 C.F.R. § 3.317.

The Veteran's service connection claims for neurological degeneration and urinary and bowel incontinence due to undiagnosed illness have been granted.