Other conditions decisions — 2018

The Veteran's service-connected right and left leg shin splints have been granted initial noncompensable ratings, but the Board finds that a higher rating is warranted for each condition.

The Veteran's claim for service connection for squamous cell carcinoma, claimed as throat cancer, is being remanded due to the need for additional development including obtaining his complete service medical records and a VA examination. The appeal will proceed on both direct and presumptive bases given his presumed exposure to herbicides during service.

The appellant's countable annual income, less excludable expenses, exceeds the maximum annual pension rate for a surviving child. Therefore, he is not legally entitled to VA death pension benefits.

The Veteran's claim for service connection for a chronic cough was denied as there is no current disability associated with the condition. The claim to reopen his bilateral knee condition was also denied.

The Veteran died in a private hospital and was not receiving VA compensation or pension benefits at the time of his death. The appeal is denied as there are no legal entitlement to VA burial benefits.

The Veteran requested withdrawal of his appeal for the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The appellant is the daughter of a veteran who was awarded permanent and total disability for non-Hodgkin's lymphoma. However, she did not meet eligibility criteria as her period of eligibility ended at age 26 due to her age on the effective date of the P&T rating.

The Board denied the Veteran's claim for service connection for a disorder manifested by back spasms, finding no current chronic disability and concluding that there is not enough evidence to support her claim.

The Board found that the Veteran's current bilateral shoulder disorder is not causally or etiologically related to his service, and thus denied his claim for service connection.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a MRSA infection is denied as there was no additional disability caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's appeal for an increased rate of compensation based on his child, S.J.F., was denied because she was not a dependent at the time of the September 2013 claim and decision. The Veteran did not provide her social security number or address within one year of being notified to do so.

The Board found no evidence of a current DVT or its residuals, and the Veteran's complaints of shakiness and leg pain were attributed to his nonservice-connected PVD.,PVD was diagnosed but not linked to service due to lack of medical nexus.

The Board has remanded the case for additional development and consideration of a TDIU on an extraschedular basis.

The Board has remanded the case for further development, including determining whether the Veteran's August 6, 2007 surgery was performed by a VA employee and obtaining any consent forms related to that procedure. The examiner is also requested to determine if the Veteran sustained chronic residuals of pneumothorax or pleural effusion due to fault on VA's part in furnishing medical care.

The Veteran's squamous cell carcinoma of the left lower lobe status post resection is rated at 30 percent, and his TDIU claim has been denied.

The Board denied the Veteran's claims for service connection for numbness in his bilateral arms and for increased ratings for lumbar spine disability, sciatica in right lower extremity, and sciatica in left lower extremity. The evidence did not support a finding of direct or secondary service connection.

The Board has determined that the Veteran's TMJ disorder, rated at 40 percent disabling, is adequately covered by the current schedular rating criteria and does not warrant an extraschedular evaluation.

The Veteran's claim for service connection for a right leg disability, including as secondary to his service-connected right knee disability, is granted. His claim for compensation under 38 U.S.C.A. § 1151 for the same condition is moot due to the grant of service connection.

The Board has granted service connection for colon cancer, for accrued benefits purposes, and also for the cause of the Veteran's death. The Veteran was exposed to herbicides in Vietnam, which is presumed due to his service there. His colon cancer is considered at least as likely as not caused by this exposure.