Other conditions decisions — 2019

The Board has remanded the case due to insufficient evidence regarding negligence in referral and post-operative care, as well as the potential unforeseeability of blindness resulting from cataract surgery.

The Veteran's service connection claim for breast cancer was denied as there is no evidence of chronic disease in service, and the condition did not manifest to a compensable degree within the applicable presumptive period. The Board found that the breast cancer is not otherwise etiologically related to an in-service injury or disease.

The Veteran's lung disorder, including restrictive lung disease, is related to his military service. The Board has ordered a VA examination to determine the nature and etiology of the Veteran's lung disability.

The Board has granted an initial 10 percent rating for left internal jugular vein thrombosis, finding the evidence at least in equipoise that the Veteran's condition meets this criteria.

The Board denied the appellant's claim for VA death benefits because her deceased husband did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. The Department of the Army failed to certify his service.

The Board has decided to remand the case for further examination and opinion regarding the relationship between the Veteran's service-connected esophageal dysmotility and his diagnosed C6-C7 osteophytes, as well as whether these conditions are related to any in-service injury or event.

The Veteran withdrew her appeal prior to the Board's decision, thus the case is dismissed.

The Board denied the veteran's claim for additional dependency compensation from August 1, 2015 to November [REDACTED], 2015 on the basis of recognition of J.N. as his stepchild due to conflicting evidence regarding whether J.N. was a member of the Veteran’s household.

The Board has remanded the claims for service connection for gastric carcinoma, bleeding ulcers and gastritis with hemorrhage, and cause of death due to conflicting medical opinions. Additional VA opinions are needed to address the etiology of these conditions.

The Veteran's death was caused by a fulminant skull infection following right mastoidectomy surgery performed outside VA. The post-infection care provided by VA was highly competent and at an extraordinary level, but did not result in additional disability or death due to negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has determined that the Veteran does not have a current disability related to her symptoms of sleep problems and fatigue that is distinguishable from her service-connected major depressive disorder.

The Veteran's claim for service connection of a stomach disability has been reopened, but the Board finds remand necessary to determine the etiology of his current condition.

The Veteran's skin condition, diagnosed as discoid lupus erythematosus, is being remanded for further development due to the need for an adequate VA examination and medical opinion regarding its etiology. The examiner must consider whether the condition is related to in-service exposure to herbicide agents or sun exposure while serving in Vietnam.

The Veteran's daughter, A.N.-L., was born in August [REDACTED], 2011. The earliest date VA was made aware of her existence was March 26, 2015 when the Veteran filed for dependency benefits. As this notification occurred within a year of the birth, the claim is denied as there is no earlier effective date.

The Veteran's UTSRD is rated at 100 percent effective October 28, 2011. The claim for a 100 percent rating for his UTSRD is granted as a matter of law.

The Board has dismissed the claim for service connection for choking, fainting and dizziness as there is no issue on appeal since the AOJ already granted service connection for panic disorder with agoraphobia.

The Board has determined that new and relevant evidence has been submitted, warranting a re-adjudication of the Veteran's claim for service connection for a vascular condition. However, additional development is needed as the medical evidence does not address whether his current peripheral vascular disease is etiologically related to his in-service diagnosis of vascular instability.

The Veteran's service connection for other specified trauma and stressor-related disorder with alcohol abuse was granted, effective from April 2, 2014. This decision is based on new evidence submitted by the Veteran within one year of his intent to file a claim.

Your appeal is dismissed because the rating decision in question was not made after February 19, 2019, and you did not file a VA Form 10182 requesting direct review.

The Veteran is granted special monthly compensation (SMC) based on the need for aid and attendance of another person due to his service-connected schizoaffective disorder with explosive disorder.