Other conditions decisions — 2018

The Board denied the Veteran's claims for service connection for post-operative residuals of umbilical hernia and inguinal hernia, as well as his request for a temporary total evaluation due to hernia disability. The Board found no new and material evidence to reopen the claim for post-operative residuals of umbilical hernia. Service connection was denied for both conditions as there is no medical evidence linking them to service. The Board also determined that the Veteran's inguinal hernia did not meet the criteria for a temporary total evaluation due to nonservice-connected disability.

The Board has decided to remand the case due to issues regarding the creation of an overpayment and will need further investigation before a decision can be made.

The Veteran withdrew his appeal regarding the service connection for removal of a brain tumor, so the case is dismissed.

The Veteran's cause of death was not service-connected, and the appellant personally incurred costs for his funeral and burial. The claim for nonservice-connected burial benefits is granted.

The Board denied reopening the claim of service connection for gastroparesis claimed as Gulf War Syndrome, finding that new and material evidence was not received. The Veteran's diagnosis of diabetic gastroparesis is established in VA clinical records.

The Veteran's claim for a higher disability rating for clinical evidence of tibial tubercule enthesitis, also claimed as left leg condition and muscular tear of the left leg, is being remanded due to inadequate examination findings and need for additional records.

The Board has remanded the case due to an inadequate medical opinion regarding the relationship between esophageal cancer and in-service exposure to Agent Orange. A new medical opinion is needed to address this issue.

The Board has remanded the case due to insufficient evidence regarding whether the appellant was permanently incapable of self-support prior to her 18th birthday. The VA needs to provide an expert opinion on this matter.

The Veteran's bilateral knee disabilities are rated at 10 percent and the Board has remanded to determine if a higher rating is warranted based on increased severity since his last VA examination in September 2013.

The Board finds that the appellant is entitled to recognition as a surviving spouse of the deceased Veteran for the purpose of entitlement to DIC benefits, death pension, and/or accrued benefits.

The Board has remanded the claims for service connection for the cause of death and DIC benefits due to insufficient evidence regarding the Veteran's exposure to herbicide agents or jet fuel during his military service.

The Veteran's left hemiparesis due to cerebrovascular accident is rated at 20 percent, and no higher. The case is remanded for further development regarding the claim of entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's left lower extremity nerve impairment affecting the internal saphenous nerve is rated at a maximum of 10 percent, effective February 27, 2007.

The Board denied the Veteran's claim for service connection of a left leg disability, finding that there is no evidence showing a current disability was present in service or within one year after separation. The Board also found no competent and credible opinion linking the current condition to military service.

The Board has determined that the Veteran's left thigh myositis ossificans with quadriceps atrophy is a result of aggravation of his pre-existing condition, and thus service connection is granted.

The Board has decided to remand the case due to additional relevant evidence being added to the record since the last Statement of the Case.

The Veteran withdrew their appeal for a concurrent retirement and VA disability payment in an amount greater than $3,211.39.

The Board has determined that additional development is needed for the service connection claim for tonsillar cancer, as it may be related to exposure to herbicides. The Veteran's other claims are also remanded due to the need for further medical clarification and examinations.

The Board denied service connection for a gastrointestinal disorder and hypo-pharyngeal cancer, finding that there was no evidence linking the conditions to service or dental fillings. The Veteran's current medical conditions were attributed to his long-term smoking habit and chronic use of antibiotics.

The Board has granted a separate 20 percent rating for moderate subluxation of the right knee since June 20, 2017. The left knee arthritis and subluxation issues remain at their current ratings.