Other conditions decisions — 2018

The Board has determined that the Veteran's scoliosis of the thoracolumbar spine is incurred in service, resolving doubt in favor of the Veteran.

The Veteran's claim of entitlement to a clothing allowance for her ankle brace is being remanded due to the need for clarification on whether the ankle brace is prescribed for her service-connected neuralgia of the posterior tibial nerve and if it causes wear and tear on her clothing.

The Veteran's appeal was denied for increased ratings and TDIU for dysthymia. The Board found that the evidence did not meet the criteria for a higher rating at any point.

The Veteran claims he suffered a stroke in July 1989 due to VA treatment and seeks compensation under 38 U.S.C. § 1151 for additional disability resulting from the treatment. The February 2016 VA examination was inadequate as it did not apply the appropriate legal standard or consider the factual predicate of the case.

The Board found that the Veteran's cause of death, adenocarcinoma, was not caused or contributed substantially or materially to his death by any service-connected disability. The VA medical opinion concluded that the Veteran's adenocarcinoma was less likely than not secondary to exposure to contaminated water at Camp Lejeune.

The Board has determined that the Veteran's low back disorder is not related to his service and therefore denied his claim for service connection.

The Veteran's left ankle disability, specifically Achilles tendonitis, is rated at a 20 percent level due to marked limitation of motion.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to determine the nature and etiology of his toenail fungal disorder.

The Veteran's claims for service connection for multiple myeloma and non-Hodgkin's lymphoma were denied as there is no evidence of these conditions during the appeal period. The Veteran's hepatitis C claim was granted with a 100% rating effective from June 26, 2014.

The Veteran's anemia and bilateral cataracts were not incurred in service, including due to herbicide exposure. The Board found no evidence of such conditions during or within one year after service.

The appeal has been dismissed due to the death of the appellant.

The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for gynecomastia resulting from Risperdal prescribed by VA was denied as there is no evidence that the use of Risperdal caused an additional disability or increase in severity of existing disorder.

The Veteran's request for a waiver of overpayment in the amount of $19,877.30 is granted for an amount of $10,017 and denied for an amount of $9,841.92.

The Veteran's paroxysmal supraventricular tachycardia has been rated at 10 percent since April 17, 2010. The Board found that the evidence does not support a higher rating as there were no more than four episodes per year of paroxysmal atrial fibrillation or other supraventricular tachycardia documented by electrocardiogram or Holter monitor.

The Board has ordered a remand for further development of the medical evidence to determine if the Veteran's urinary frequency is related to her service, and what its likely etiology is.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities has been dismissed because the Veteran passed away during the pendency of the appeal.

The Board has remanded the case for additional development including obtaining VA and private treatment records, preparing an addendum opinion from a VA examiner regarding secondary service connection for sinus disorder, and readjudicating the appeal.

The Board has determined that the Veteran's varicose veins, which developed during his active duty service, contributed substantially and materially to his death from pulmonary embolus. The Board finds that there is at least equipoise of evidence regarding this issue.

The Board denied the Veteran's claims for service connection for aneurysm and initial increased evaluations for his bilateral foot conditions. The claim for service connection was reopened but denied on the merits, while the earlier effective dates for Dependents' Educational Assistance (DEA) and Total Disability Rating based on Individual Unemployability (TDIU) were not addressed due to lack of a Statement of the Case.

The Board has remanded the case for additional development, including obtaining VA treatment records from the Philadelphia VAMC and any updated VA treatment records from the Syracuse VAMC.