Other conditions decisions — 2018

The Veteran's appeal was dismissed due to their passing away, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's claim for TDIU is granted with an effective date of June 1, 2001. The original claims for compensation under 38 U.S.C. § 1151 were received in June 1997 and the Veteran became unemployable on June 2001.

The Veteran's claim is being remanded due to the need for an updated VA examination as his service-connected left leg disability has worsened since the last examination, which was provided almost six years ago and prior to lower extremity amputations.

The Board has determined that the Veteran's oropharyngeal cancer is causally related to exposure to Agent Orange during service, and thus grants service connection for this condition.

The Board finds that the Veteran's left hip disability, diagnosed as iliopsoas tendonitis, was incurred in service and grants service connection for this condition.

The Board has remanded the case due to the Veteran's failure to appear for a VA examination, and she is given another opportunity to provide evidence.

The Veteran's appeal is being remanded for further development and readjudication. The issues of increased ratings for tarsal tunnel syndrome of the right and left feet, as well as entitlement to an earlier effective date for TDIU, are pending.

The Veteran's claim for service connection for periodontal disease is denied as it does not meet the criteria for establishing service connection. The claims of entitlement to a compensable rating for chronic costochondritis and to an increased rating in excess of 10 percent for a skin infection are remanded for additional development.

The Veteran's initial claim for a compensable rating for genital herpes prior to September 25, 2017 is denied. A 10 percent rating, but no greater, is granted effective from September 25, 2017.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound is denied as he does not meet the criteria for either.

The Board denied an increased rating for pterygium, right eye, finding that the evidence did not support a compensable or higher rating prior to October 26, 2012, and a 10 percent rating thereafter. The claim was also denied for an earlier effective date.

The Board denied the claim for service connection for the cause of the Veteran's death due to colon cancer, finding that there was no evidence linking his in-service herbicide exposure to his development of the condition.

The Veteran's herpes progenitalis with balanitis was rated at a 10 percent disability rating effective January 21, 2014. The Board found that the condition warranted this rating based on intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs used for less than 6 weeks during the past 12 months.

The Board has granted service connection for colon cancer and non-Hodgkin's lymphoma due to exposure to ionizing radiation during service, finding that the evidence is in equipoise regarding whether this exposure caused the disabilities.

The Board has determined that the Veteran's pulmonary fibrosis was incurred in and/or caused by an in-service injury, event, or illness. Service connection for this condition is granted.

The Veteran's attorney argues that a November 16, 1998, VA treatment record constitutes an informal claim for Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities. The Board finds the evidence sufficient to grant TDIU from November 16, 1998, to June 27, 2005, based on his service-connected right thigh and groin wound disability. However, as this period falls before March 24, 2015, when a report of examination or hospitalization could be accepted as an informal claim for benefits under 38 C.F.R. § 3.157(b), the Board remands to refer the case to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's irregular heartbeat and tachycardia were diagnosed during service, but the VA examiner found no evidence of a heart condition. The Board finds the June 2015 VA examination insufficient for rating purposes and remands the case for a new VA examination to determine if the Veteran's current irregular heartbeat is related to his military service.

The Board has determined that a new VA examination is needed to assess the nature and etiology of the Veteran's right ear disability, including whether it pre-existed and/or was aggravated by service.

The Board denied the Veteran's claims for an evaluation in excess of 30 percent for PTSD, service connection for HIV and substance abuse. The claim for service connection for HIV was denied as it is not attributable to service or service-connected PTSD.

The Board has remanded the case due to incomplete medical records and the need for further opinions regarding potential causes of the Veteran's death.