Other conditions decisions — 2019

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has determined that the Veteran's current deep vein thrombosis of the lower right extremity was caused or aggravated by VA’s failure to prescribe blood thinners upon discharge in February 2008, which constitutes carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. As a result, compensation under 38 U.S.C. § 1151 for deep vein thrombosis of the lower right extremity is granted.

The Veteran's right ankle disability is currently rated at 20 percent, and a new VA examination is needed to determine if the condition warrants higher ratings. Additionally, relevant VA treatment records need to be obtained for consideration.

The Veteran's daughter is not entitled to additional accrued benefits as she is not the surviving spouse and all available benefits have been awarded.

The Veteran's HIV was rated at 30% prior to June 14, 2014 and at 60% from that date. The Board denied a higher rating for the condition during this period. For the entire appeal period up until July 20, 2015, the Veteran was granted TDIU due to his service-connected disabilities precluding him from securing or following substantially gainful employment.

A 100 percent rating for coronary artery disease (CAD) status-post percutaneous intervention since December 1, 2014 is granted. The Veteran's dental and jaw injury claims are remanded due to incomplete records.

The Board denied the Veteran's claim for service connection for a neck condition, finding that there was no evidence of a current disability related to service or secondary to a service-connected condition.

The Board has determined that the Veteran's cause of death, Acute Myelogenous Leukemia (AML), was caused by his exposure to Agent Orange during service in Vietnam. As a result, the claim for service connection for the cause of death is granted.

The Board denied the claim for a memorial headstone or grave marker because the decedent did not serve in the U.S. Armed Forces and his remains are unavailable, thus making him ineligible for such benefits.

The Veteran's claim for payment or reimbursement of medical expenses received at Englewood Community Hospital on August 9, 2016 is remanded due to the need for additional records and verification.

The Board has remanded the case due to the need for additional development, including obtaining private treatment records and requesting an advisory opinion from a medical expert on whether the Veteran's esophageal cancer is related to his in-service herbicide exposure.

The Board has remanded the case to obtain a supplemental medical opinion regarding whether the Veteran's left foot drop is an additional disability caused by the May 2005 spinal cord stimulator implantation procedure. The opinion should address if the proximate cause of any additional disability was carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board denied reopening of the claim for service connection due to lack of new and material evidence.

The Board has denied service connection for a right leg amputation due to lack of evidence showing the injury occurred during active duty. The issue of an increased rating for PTSD is remanded.

The Veteran's appeal is remanded due to the need for additional medical examination and treatment records.

The Veteran's claim for an effective date prior to July 31, 2009, for the award of service connection for opiate-induced mood and pain disorder was denied as her initial claim was filed more than one year after separation from active service.

The Board has remanded the case due to insufficient information in the March 2019 VA examination report. The examiner is required to provide opinions regarding the likelihood of a connection between the Veteran's gout, osteopenia, and probable mild bilateral S1 root lesions without evidence of axonal loss.

The Veteran's leg spasms, characterized as Restless Leg Syndrome (RLS), are found to have begun during service or is related to an in-service injury. Service connection for RLS is granted.

The Veteran's service-connected residuals of pneumonia have resolved, and there are no remaining residuals to evaluate. The claim for an increased rating is denied.

The Board denied an extraschedular rating for a hiatal hernia, finding that the disability picture is not exceptional and does not exhibit factors such as marked interference with employment or frequent periods of hospitalization.