Other conditions decisions — 2019

The Veteran's claim for a higher disability rating and extension of a temporary total rating due to revision of his amputation of the right index finger was denied. The Board found that the criteria for a higher rating under DC 5153 were not met, as the amputation site is through the distal phalanx and there is no evidence of increased size following surgery.

The Veteran requested the dismissal of his appeal for entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) due to multiple requests to withdraw the issue.

The Board denied the Veteran's claims for service connection for colon cancer due to herbicide exposure in Vietnam, contaminated water at Camp Lejeune, or as secondary to a service-connected disability. The evidence did not support any of these theories.

The Veteran's claim for service connection for a left elbow disability is granted, as new and material evidence has been submitted to support the claim. The Board finds that the Veteran had olecranon bursitis of the left elbow during his active duty service.

The Veteran's death was not related to service, and he did not die while hospitalized by VA. The appellant has already received the maximum allowable burial benefits.

The Board denied the Veteran's appeal as a timely substantive appeal was not filed in response to the September 27, 2018 statement of the case.

The Veteran withdrew his appeal regarding VA outpatient dental treatment in the Republic of the Philippines, and the Board has dismissed this case.

The Board has remanded the Veteran's claims for service connection for his right and left eye disabilities due to conflicting evidence regarding whether the conditions pre-existed service or were aggravated by military service.

The Veteran's overpayment of VA pension benefits is being remanded for further review, specifically to determine if the creation of the debt was due to an administrative error on the part of VA.

The Veteran's pituitary microadenoma and adjustment disorder are not service-connected as they did not develop during his military service or are not related to any in-service events.

The Veteran's claim for restoration of the award of an annual clothing allowance based on a static qualifying disability is remanded due to conflicting records and the need for further documentation.

The Board has granted service connection for chronic myelogenous leukemia, finding that the Veteran's exposure to benzene during service is at least as likely as not a cause of his current condition.

The Board has denied service connection for a skin disability claimed as due to herbicide agent exposure and remanded the issue of service connection for right toe numbness.

The Board has granted service connection for residuals of a shrapnel injury to the right foot, including right foot pain with a palpable mass of the right lateral foot. The decision is based on the Veteran's credible account of being injured during training and post-service medical records detailing the shrapnel injury.

The Veteran's varicocele, left testis is being remanded for a new VA examination to assess the current level of severity and obtain any pertinent treatment records.

The Board has restored the Veteran's 30 percent rating for service-connected mitral valve murmur, effective from January 1, 2016. The reduction was improper due to a failure to consider whether the improvement in the Veteran’s condition reflects an improvement in her ability to function under ordinary conditions.

The Veteran's death did not meet the criteria for payment of burial benefits as he was not receiving VA compensation or pension at the time of his death, and there were no pending claims for such benefits. The appeal is denied.

The Veteran's claims for service connection for residuals of shrapnel wounds to the back of his head and spine have been denied as there is no evidence that these conditions began during or are otherwise related to his military service.

The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's correct diagnosis and its relationship to service. The Veteran is seeking service connection for Castleman's disease, but there are conflicting reports of his actual diagnosis.

The Veteran's cause of death, cholangiocarcinoma due to adenocarcinoma of the bile duct, was not found to be related to service. The Board denied service connection for the cause of death as there was no evidence linking the cancer to service.