Other conditions decisions — 2018

The Board has granted special monthly compensation (SMC) based on the loss of use of both hands under 38 U.S.C. § 1114(m). The need for regular aid and attendance is moot as SMC(k) and SMC(l) are not applicable given the grant of SMC(m).

The Board has remanded the case for further development, including scheduling a VA examination and sending appropriate VCAA notice to the Veteran's correct address in Milton, Florida.

The Veteran's cause of death was due to PSP, aspiration pneumonia, and esophageal reflux disease. The Board found that the service-connected disabilities did not contribute substantially or materially to his death.

The Veteran's abdominal pain increased significantly as of January 4, 2010, and the RO assigned a 40 percent rating for his abdominal stab wound residuals effective April 8, 2009. The Board denied higher ratings for the right chest and left forearm stabs, but found that discontinuance of the laryngeal cancer rating was proper as there is no evidence of active disease since April 1, 2014. The Veteran's claim for DEA eligibility earlier effective date remains pending.

The Board has determined that the Veteran does not meet the criteria for an increased disability rating in excess of 40 percent from September 1, 2010 to April 8, 2013, and an increased disability rating in excess of 40 percent from August 1, 2013 for cubital tunnel syndrome of the right upper extremity. Similarly, he does not meet the criteria for an increased disability rating in excess of 30 percent from September 1, 2010 to June 3, 2012, and an increased disability rating in excess of 30 percent from October 1, 2012 for cubital tunnel syndrome of the left upper extremity.

The Board denied the Veteran's claim for service connection for the cause of death and entitlement to DIC benefits under 38 U.S.C. § 1318, finding that there was no competent or credible evidence linking his death to service.

The Veteran's service connection claims for right leg/hip disorder and pelvic asymmetry were granted with effective dates of January 23, 2002.

The Veteran's right ring finger disability is currently rated as zero percent disabling, effective September 16, 2004. The Board finds that the evidence does not support a higher rating for this condition prior to November 28, 2016.

The Board denied service connection for acoustic neuroma of the right ear and an initial rating in excess of 10 percent for bilateral hearing loss. The Veteran's acoustic neuroma was found to be benign, not a malignant schwannoma/soft tissue sarcoma, and not related to his military service or exposure to herbicides.

The Board has determined that the Veteran does not have a duodenal ulcer and therefore, service connection for this condition is denied.

The Board has remanded the case to the AOJ for review of new evidence submitted by the Veteran, including private treatment records. The appeal will be reconsidered with an SSOC.

The Veteran's claim for an increased rating in excess of 20 percent for a left leg disability is being remanded due to incomplete development. The VA examination provided only evaluated the hip and thigh symptoms related to the service-connected femur disability, not the left knee.

The Veteran's service connection claim for hyperhidrosis (formerly claimed as night sweats) is granted, with the Board finding that his symptoms are related to his active service.

The Veteran's appeal to extend the delimiting date for receiving educational assistance has been withdrawn.

The Veteran's claim for a waiver of overpayment is being remanded due to the need to determine the validity of his marriage and divorce, as well as the calculation of the overpayment.

The Board has remanded the case for additional development, including obtaining VA treatment records from the Birmingham VAMC. The Veteran's claim of entitlement to service connection for a right foot disability remains pending.

The Veteran's abdominal hernia with post-operative residuals did not meet the criteria for a higher disability rating from June 25, 2012 to July 2, 2014. The Board found that his service-connected disabilities did not prevent him from securing or following gainful employment prior to July 3, 2014.

The Board has remanded the case due to inadequate examination and further development is required.

The Veteran's mood disorder has been rated at 50 percent since the initial grant of service connection. The Board finds that his symptoms warrant a higher rating, but not to the maximum 100 percent as he does not meet the criteria for total occupational and social impairment.

The Board has determined that the Veteran's lung disability is not related to his service or any service-connected condition, including diabetes. The claim for service connection is denied.