Other conditions decisions — 2018

The Veteran's residuals of myocardial infarction are considered to be proximately caused by VA's carelessness, negligence, lack of proper skill or error in judgment during the provision of medical treatment. As a result, the claim for benefits under 38 U.S.C.A. § 1151 is granted.

The Veteran is seeking service connection for neurological numbness of the hands, which he claims is related to his service-connected cervical spine disability. The Board has determined that additional development is needed before a decision can be made.

The Board has decided to remand the case for additional development due to an inadequate examination report and missing VA treatment records.

The Board has determined that the Veteran's non-Hodgkin's lymphoma is related to her exposure to herbicides during service in Thailand, and thus grants service connection for this condition.

The appellant is not entitled to a higher rate of DIC benefits as she does not meet the legal criteria for such an increase.

The Board has determined that the Veteran's schwannoma of the dorsal spine is service-connected due to exposure to ionizing radiation during his naval service. The claim for tinnitus was also granted.

The Veteran seeks service connection for a blood disorder allegedly resulting from ionizing radiation exposure during his military service. The case is being remanded to further develop the evidence, including assessing potential radiogenic disease status.

The Board has reopened the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a colon injury as a result of radiation seed implantation provided by the VA Puget Sound Healthcare System in January 2006, and finds that he is entitled to such compensation.

The Veteran's appeal is being remanded due to the need for additional records from Auburn Hospital and other providers. The issue of entitlement to a disability rating in excess of 40 percent for subtotal gastrectomy with jejunostomy and esophageal hernia with psychophysiological gastrointestinal reaction will be reconsidered.

The Veteran's postoperative residuals of epigastric/umbilical hernia are currently rated at 20 percent, and the Board finds that this rating is appropriate for the entire appeals period.

The Board denied a request for an earlier effective date for the establishment of K.F. as a dependent for dependency allowance purposes, finding that the earliest valid claim was filed on August 11, 2015.

The Veteran's bile duct cancer/cholangiocarcinoma is granted service connection, and it was found to be the principal cause of his death. The Board also granted service connection for the cause of death.

The Board found that the cause of death, Chronic Lymphocytic Leukemia (CLL), was not caused by ionizing radiation exposure during service and denied the claim for service connection.

The Board has determined that the appellant's substantive appeal was timely filed in response to the July 2010 Statement of the Case denying her claim for service connection for cause of death. The issue is now remanded to adjudicate accrued benefits and the cause of death.

The Board found that the Veteran's substance abuse was not caused or aggravated by his service-connected major depressive disorder, and thus denied the claim for secondary service connection.

The Board has determined that the appellant does not meet the income requirements for nonservice-connected death pension benefits, as her annualized income exceeds the maximum allowable amount.

The Board denied the Veteran's request to reopen his claim for service connection for a chronic lung/respiratory disability, finding that the new evidence did not meet the criteria of being both new and material. The Veteran's current condition was not shown to be related to his military service.

The Veteran requested to withdraw his appeal regarding the reduction of the evaluation for left acute disc displacement with painful limited motion of the TMJ from 20 percent to 10 percent, effective March 1, 2016.

The Veteran's left elbow disability, specifically olecranon tendon calcification, is currently rated at the minimum compensable level of 10 percent.

The Veteran's cause of death, adenoid cancer, is not service connected as there is no evidence linking the condition to his military service or any service-connected disability.