Other conditions decisions — 2018

The Board has remanded the case for a new VA examination and opinion to address whether the Veteran's congenital bipartite patella is less likely than not proximately due to or the result of his service-connected condition, and if so, what other conditions resulted from this superimposed disease or injury.

The Board has remanded the case for additional development, including obtaining service personnel records and VA treatment records. The issues of entitlement to service connection for adenoid cystic carcinoma of the tongue, vertigo, and TDIU are inextricably intertwined with the issue of increased rating for coronary artery disease.

The Board has determined that the Veteran's disability was proximately due to VA error in judgment in not timely obtaining an MRI, and thus grants entitlement to compensation under 38 U.S.C.A. § 1151.

The Veteran's service-connected post-inflammatory hyperpigmentation of the skin in the groin area is currently rated at 10 percent disabling. The Board finds that this rating is appropriate as the condition has not covered more than 20% of his total body or exposed body areas, and did not require systemic therapy.

The Veteran's claim for additional payment or reimbursement by VA for expenses incurred related to his participation in an education program based on his retroactive induction into the Chapter 31 vocational rehabilitation training program was denied as there was no adequate evidence provided.

The Board has determined that the Veteran's chronic gastrointestinal disorder, including gastric ulcers, peptic ulcers, and duodenal ulcers, is at least as likely as not due to his active service. As a result, the claim for service connection is granted.

The Board found that the Veteran's TB is inactive and without any of the disabling residuals indicated under DC 6731 (restrictive or interstitial lung problems, or chronic bronchitis). The preponderance of evidence does not support a compensable rating for TB.

The Veteran's squamous cell carcinoma with residuals and a chronic skin disability are found to be etiologically related to his active duty service. The acquired psychiatric condition is not found to be related to service.

The Veteran's service-connected trigeminal neuralgia is currently rated at 10 percent disabling, and the Board finds that this rating adequately reflects his current level of disability.

The Board has dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Veteran's claims for service connection for left nasal pharynx squamous cell carcinoma and liver metastatic non-small cell carcinoma were denied.,Service connection was granted for actinic keratosis and basal cell carcinoma with residual scarring, but the claim for increase remains pending.

The Veteran's ankylosing spondylitis was rated at 20% prior to November 9, 2012 and increased to 40% from November 9, 2012 to February 25, 2015. Since then, the rating remains at 40%. The Veteran's condition is not considered service-connected due to a presumption or new evidence.

The Veteran withdrew his appeal on the issue of entitlement to TDIU prior to a decision being made.

The Veteran was granted special monthly compensation based on loss of use of both hands effective April 1, 2012. The decision also found that the criteria for this benefit were met as of December 15, 2011.

The Veteran's perforated eardrum is currently rated as noncompensable under Diagnostic Code 6211, and no higher rating is available. The Board finds that the evidence does not support a compensable evaluation for this condition.

The Board has determined that there is no current disability of rhabdomyolysis and finds the preponderance of evidence against a finding that this condition is causally related to service. As such, the claim for service connection for rhabdomyolysis is denied.

The Board found that the Veteran does not currently suffer from active histoplasmosis and denied a compensable rating for his lung disability.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining private treatment records. The Veteran's current left leg disability will be evaluated to determine if it is related to his military service.

The Board has remanded the case for additional development, including obtaining private medical records and scheduling a VA examination to assess the severity of the Veteran's service-connected right inguinal hernia residuals. The claim will be readjudicated after these actions.

The Veteran's daughter, IKN, is found to be the surviving spouse and in need of aid and attendance. The Board has determined that her dementia necessitates living in an assisted-living facility with 24-hour supervision, which constitutes medical expenses. As a result, she qualifies for special monthly pension based on the need for aid and attendance.