Other conditions decisions — 2019

The Veteran's initial compensable rating for a left 5th finger disability is denied. However, from May 19, 2017, he is granted a separate 10 percent rating for painful motion of the left wrist joint.

The Board has denied service connection for arthritis of multiple joints, esophageal cancer, liver cancer, stomach cancer, and urethral cancer. The claims were based on exposure to contaminated water at Camp Lejeune, but the evidence did not support a finding that these conditions were caused by such exposure.

The Board has denied the Veteran's claims for service connection for gout and a left second toe injury, but has remanded his claim for diabetes mellitus due to a lack of verification regarding herbicide exposure. The issues are not related to service connection.

The Veteran's claim for a rating higher than 50 percent for his panic disorder is denied.,The Veteran's claim for TDIU based on service-connected disabilities is also denied.

The Veteran's squamous cell carcinoma of the tongue and throat with parapharyngeal metastasis is granted service connection, as it is at least as likely as not due to exposure to Agent Orange. The Veteran's osteoradionecrosis with osteomyelitis of the jaw is also granted service connection, as it is caused by his service-connected squamous cell carcinoma.

The Board has determined that there was a pre-decisional duty to assist error and the case is being remanded for further development, including obtaining medical opinions on the etiology of the Veteran's cancer.

The Veteran's claims for an initial compensable rating for service-connected ventral hernia and a total disability rating based on individual unemployability (TDIU) are being remanded due to the need for additional evidence and examination.

The Board has remanded the case due to an inadequate VA examination, and the claim for service connection for degenerative joint disease of the spine is now pending.

The Veteran's claims for increased ratings and an earlier effective date were denied. The claim for an earlier effective date was dismissed as the Veteran did not timely appeal it. The rating for adjustment disorder with depressed mood remains at 30 percent, while other conditions received lower or no ratings.

The Veteran's hallux valgus of the right and left feet is granted an initial 10 percent rating, but no higher.

The Veteran's appeal is being remanded due to the inextricably intertwined nature of his VR&E benefits claim with other service connection and increased evaluation claims. The case will be returned for further development, including a functional capacity evaluation (FCE) and a vocational rehabilitation counselor assessment.

The Board has remanded the case for further development, including obtaining medical records and conducting a VA examination to assess the severity of the Veteran's service-connected knee disabilities.

The Veteran's skin disability was not found to be related to service, including exposure at Camp Lejeune.,The Veteran's respiratory disability (asthma/COPD) was also not found to be related to service.

The Veteran's appeal was denied for increased ratings in excess of 20 percent for left hip flexion limitation, and for compensable ratings for painful extension and painful abduction. The evidence did not support higher evaluations under the applicable rating criteria.

The Veteran's death was not service connected, and he did not have a pending claim for VA benefits at the time of his death. Therefore, nonservice-connected burial benefits are denied.

The Veteran's daughter is denied retroactive payments for Dependents’ Educational Assistance (DEA) benefits because she did not submit her application within a year of the initial award and VA recognized her as dependent after that period.

The case is being remanded to correct the income calculation and investigate unreimbursed medical expenses for the appellant's pension claim.

The Board denied the appellant's claim for recognition as the Veteran’s surviving spouse, finding that their marriage was terminated by divorce and thus she is not eligible for VA benefits.

The Board has determined that there is no current respiratory disability, to include as due to an undiagnosed illness or multisymptom illness, at any time during the pendency of the claim. Therefore, service connection for a respiratory disability is denied.

The Veteran needs an examination to determine if he requires the aid and attendance of another person due to his service-connected disabilities. The VA should obtain his treatment records from March 2016 to the present.