Other conditions decisions — 2019

The Veteran's claim for a higher rating for his right ring finger disability prior to May 1, 2015 was denied. The current rating of 10% is maintained.

The Board has granted service connection for right and left lower extremity varicose veins/lymphedema secondary to service-connected diabetes mellitus, finding that the evidence is at least in equipoise regarding whether these conditions were caused or aggravated by diabetes. Additionally, the Veteran's need for regular aid and attendance due to his service-connected disabilities has been granted.

The reduction or elimination of recoupment of monies received under a Federal Torts Claims Act settlement from a continuing award of Department of Veterans Affairs (VA) compensation under 38 U.S.C.A § 1151 is denied.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at Providence Regional Medical Center on May 29, 2015. The services were not authorized by VA and the Veteran did not have a medical emergency that would warrant immediate treatment.

The Board has remanded the Veteran's claims for service connection and TDIU due to insufficient evidence regarding his skin disability, including a lack of VA examination. The Veteran is also required to complete a VA Form 21-8940 detailing his employment status and education.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Lee Memorial Hospital on August 26, 2016, due to lack of prior authorization and because VA facilities were feasibly available.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another or being housebound is denied because he is not service-connected for any disabilities.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further consideration.

The Veteran's service-connected diverticulitis must be reexamined to reassess its severity. The current rating of 30 percent is the maximum under DC 7319, for severe irritable colon syndrome.

The Board has determined that the Veteran's bilateral hand disability is related to his military service and grants service connection for this condition.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's exposure to environmental toxins during his Gulf War service caused his brain cancer.

The Board denied the Veteran's claim for service connection for dental disability (claimed as fractured teeth) for compensation purposes, finding that there is no evidence of current dental disability upon which to predicate such an award.

The Veteran's appeal for a higher initial disability rating in excess of 10 percent for his service-connected thoracic spine disability is being remanded due to the addition of VA treatment records and the need for an examination.

The Board has denied the appellant's claim to recognize her grandchildren as dependent children for VA purposes due to their not meeting the specific definition of a child under 38 C.F.R. § 3.57.

The Veteran's claim for service connection for residuals of a head injury has been granted, with the decision based on new and material evidence submitted after the initial denial in August 2004.

The Veteran's claim for an earlier effective date for his service-connected aplastic anemia is denied. The earliest communication from the Veteran that can be reasonably interpreted as an informal or formal claim was received on March 31, 2011.

The Veteran's short bowel syndrome, claimed as a digestive condition, is granted under the provisions of 38 U.S.C. § 1151 due to carelessness or negligence on the part of VA during an ileostomy surgery in April 2012. The issue of entitlement to TDIU remains pending and will be remanded.

The Board denied the veteran's claim for service connection for a right leg condition, finding that there was no evidence of an injury or disease incurred in active military service and that any current disability is not related to his service.

The Board has remanded the case due to a need for additional medical examination and records review to determine if the Veteran's malignant mesothelioma is related to his service exposure to asbestos.

The Board has remanded the case due to inadequate opinions in the January 2018 VA examination and for additional development of the claims.