Other conditions decisions — 2018

The Board has granted service connection for right upper extremity numbness, left upper extremity numbness, right lower extremity numbness, left lower extremity numbness, and dizziness on a presumptive basis under the provisions of 38 C.F.R. § 3.317.

The Board has determined that the Veteran does not have a left hip disability related to his military service or caused by a service-connected condition.

The Veteran was divorced at the time of his death, and therefore, the appellant is not recognized as the surviving spouse for purposes of receiving VA benefits.

The Veteran's claim for an initial rating in excess of 10 percent for impaired sensation of the left long thoracic nerve, status-post muscle transplantation has been denied as his condition is currently rated at 10 percent and does not warrant a higher evaluation.

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

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's appeal is being remanded due to the need for additional development, including an updated VA examination of his service-connected peroneal tendonitis of the right foot.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's tonsil cancer is etiologically related to his exposure to asbestos during service, and thus grants the claim for service connection.

The Veteran's service-connected squamous cell carcinoma of the right maxillary sinus and right eye radiation keratopathy have left him unable to secure or maintain substantially gainful employment prior to September 11, 2014.

The Board has granted service connection for nerve damage to both the right and left feet, but denied service connection for bunions of the right and left feet.,A compensable rating is not warranted for a noncompensable disability rating for fracture, left index finger.

The Veteran's disability retirement led to the creation of a debt due to overpayment of apportionment benefits, which was later contested and remanded for further review.,VA is required to determine if the $3,839 debt created by overpayment of apportionment benefits is valid before deciding on its waiver.

The Board denied the appellant's claims for accrued benefits, DIC, and death pension as she did not meet the threshold requirement of being the Veteran's surviving spouse.

The Board has determined that the Veteran's left and right eye blindness is a result of VA medical care, specifically an April 9, 2009 surgery, which failed to diagnose glaucoma in his left eye and a retinal vein occlusion in his right eye. The delay in diagnosis contributed to the poor visual outcome.

The Veteran's right and left foot hallux valgus (post bunionectomy) disabilities have been rated at the maximum 10 percent under Diagnostic Code 5280, which is assigned for post-operative hallux valgus with resection of metatarsal head.,There are no indications that the Veteran's service-connected right and left foot hallux valgus (post bunionectomy) disabilities have warranted a higher rating based on additional functional loss or pain.

The appeal is being remanded due to the Veteran's request for a hearing before a Decision Review Officer (DRO). The TDIU claim will be reconsidered after the hearing.

The Veteran's income exceeded the maximum annual pension rate for special monthly pension benefits based on the need for aid and attendance with one dependent, thus his claim was denied.

The Veteran's claim for an increased rating for his right thumb and index finger disability is denied as he refused to attend a necessary VA examination.

The Board found that the Veteran's squamous cell carcinoma of the glottis, tooth damage, skin condition of the neck, and right ear disability are not service-connected due to lack of evidence linking these conditions to his active service or exposure to ionizing radiation.

The Board has granted service connection for skin disorders due to herbicide exposure, but denied service connection for eye disorder as not incurred or aggravated in service.

The Veteran's appeal for an initial increased rating for his low back disorder has been dismissed as he withdrew his appeal.