Other conditions decisions — 2018

The Board denied compensable ratings for bilateral hammertoe in a 2015 decision, and the matter is dismissed as there are no pending appeals.

The Veteran's appeal is being remanded for an addendum VA opinion to address the additional medical research submitted in June 2015 and to determine if his brain tumor, diverticulitis, or partial colon removal are related to service exposure at Camp Lejeune.

The Veteran's claim for service connection for gout is being remanded due to the need for additional development, including a new VA examination and consideration of a theory of entitlement raised by the record.

The Veteran's death was not due to a service-connected condition, but he met the criteria for burial in a national cemetery and was discharged from active duty due to a disability incurred in line of duty. The appellant is therefore entitled to nonservice-connected VA burial benefits and a plot or interment allowance.

The Board found that the Veteran's right eye blindness was not due to VA negligence in providing surgical and outpatient treatment, and denied his claim under 38 U.S.C. § 1151.

The Veteran's right elbow condition, characterized by pain and functional impairment, has been granted service connection.,While the nonspecific joint pain was not diagnosed, it is considered a qualifying chronic disability due to its persistence for six months.

The Veteran's claims for service connection of right knee, back, bilateral tibia, and bilateral ankle disabilities have been denied. The claimant did not meet the current disability requirement as he does not have any of these conditions.

The Veteran's skin disability is not attributable to service, including herbicide exposure. The Board finds that the preponderance of evidence does not support a finding of service connection for this condition.

The Veteran's claim of entitlement to service connection for a dental disability is being remanded due to the need for additional development, including obtaining VA and private treatment records and scheduling a VA examination.

The Veteran's gastrointestinal disability, which includes symptoms such as epigastric distress with dysphagia, pyrosis, regurgitation, melena, occasional constipation and weight loss without anemia, is productive of considerable impairment of health. The Board has granted a 30 percent rating for the entire appeal period.

The Veteran was awarded a higher level of special monthly compensation (SMC) at the R1 level based on aid and attendance effective June 23, 2009. The award is granted due to CUE in the July 9, 2012 rating decision.

The Veteran's claim for an earlier effective date for his nonservice-connected pension with aid and attendance is granted, as the earliest physical record indicating intent to file a claim was received on September 16, 2016.

The Veteran's bilateral Achilles tendonitis is found to be a direct consequence of service, and he is granted service connection for this condition. For the right Achilles tendon issue under 38 U.S.C. § 1151, the claim is denied as there was no unforeseeable event resulting in additional disability.

The Board has determined that the preponderance of evidence is against a finding that either the right eye disorder or testicular disorder are related to service. The Veteran's testicular cyst was found to be less likely than not incurred in service, and his posterior staphyloma was found to be a congenital condition that did not clearly and unmistakably preexist service.

The Board has granted service connection for a right foot bunion, bilateral hammertoes, and scoliosis. The Veteran's right foot bunion is linked to his active service, as are his bilateral hammertoes. His scoliosis was aggravated by his military service.

The Veteran's left foot hallux valgus was granted a 10% rating prior to May 22, 2013. The right foot hallux valgus issue is pending and not addressed in terms of a specific rating.

The Veteran's claim for higher ratings for his lung cancer and associated scars was denied by the Board. The lung disability is rated at 60 percent, effective November 20, 2017.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this case.

The Board denied the appellant's claim for an additional apportionment of the Veteran's nonservice-connected pension benefits for her minor son, B.L., finding that granting such a special apportionment would cause undue hardship to the Veteran.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of any diagnosed DJD affecting his upper extremities and whether he has current diagnoses of 'Chronic Multiple Joints Pain' or 'Chronic Pain Syndrome'. The TDIU claim is also being remanded.