Other conditions decisions — 2018

The Veteran's service-connected disabilities, including his right femur fracture and adjustment disorder with depressed mood, have been rated at a combined 60 percent since June 27, 2016. These conditions are reasonably shown to have precluded the Veteran from participating in substantially gainful employment.

The Veteran's claim for an initial compensable rating for myofascial pain syndrome was denied as the service connection is decided on the merits and no new evidence has been submitted to reopen the case.

The Board has decided to remand the case for additional development, including a VA examination and obtaining treatment records.

The Veteran has withdrawn his appeal on all issues, and the Board does not have jurisdiction to review them.

The Veteran's claim of clear and unmistakable error (CUE) in the April 2005 rating decision that dismissed her request for a temporary 100 percent rating for convalescence due to surgery was denied. The Board found no clear and unmistakable error.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of right orbital bone fracture and diplopia is denied as the additional disability did not result from VA care, but rather was caused by the delay in surgery due to cancellations.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of right hand injury and stiffness is denied as the additional disability did not result from VA care, but rather was caused by the mishandling of his injury during treatment.

The Veteran's heart disabilities are being remanded for a VA medical opinion to determine if they are related to his service, including presumed exposure to herbicides like Agent Orange.

The Board finds that the Veteran's residuals of a right clavicle injury do not warrant a disability rating in excess of 10 percent, as his symptoms are currently consistent with a 10 percent evaluation based on limitation of motion and arthritis.

The Board found that the Appellant's request for a waiver of indebtedness was timely filed within 180 days following notification. The issue of whether she is entitled to a waiver of recovery of overpayment in the amount of $15,350.00 remains pending.

The Veteran's left ring finger disability, which includes a healed fracture with residual pain, has been evaluated at 0 percent disabling under Diagnostic Code 5230. The Board finds no provision for a higher rating and denies the claim.

The appeal has been dismissed as the appellant withdrew their appeal in December 2017.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and a medical opinion regarding the etiology of the Veteran's Fabry's disease.

The Veteran's death was caused by carcinoma of unknown primary etiology, and the Board finds no evidence linking this condition to service or a service-connected disability.,There is no entitlement to DIC under 38 U.S.C. 1318 as the Veteran did not have a service-connected disability continuously rated as totally disabling for at least five years prior to his death.

The Board has remanded the case due to incomplete records and insufficient information regarding custody, child support payments, and financial details. The claim will be reconsidered under both general and special apportionment provisions.

The Board finds that the Veteran's nasopharyngeal neoplasms-squamous cell carcinoma (also claimed as laryngeal cancer) is caused by his herbicide exposure in service, specifically Agent Orange exposure.

The Veteran's appeal is being remanded due to the need for a VA examination to assess his current physical condition and whether he requires regular aid and attendance.

The Board has determined that the Veteran's left inguinal hernia does not warrant a rating in excess of 10 percent, and his TDIU claim on schedular basis is denied. The case is being referred to the Director of Compensation and Pension Service for consideration of an extraschedular TDIU.

The Veteran's appeal is being remanded to obtain additional records, a new VA examination, and to determine if the Veteran has any qualifying additional disability due to VA treatment in August and September 2009. The TDIU claim will also be remanded for further adjudication.

The Board has reopened the Veteran's claim of service connection for pituitary adenoma and remanded it for further development. The case is now being returned to the RO for this purpose.

The Board has determined that the Veteran's degenerative joint disease with avascular necrosis of the left hip is not related to service or any service-connected condition, and thus denied his claim for service connection.