Other conditions decisions — 2019

The Veteran's dysthymic disorder with secondary alcohol abuse is rated at 70 percent, but no greater, due to occupational and social impairment.

The Board has decided that the Veteran's left eye disability may be service-connected under a direct theory of entitlement. However, due to insufficient medical opinions regarding whether VA care caused or aggravated his condition, and because there are potentially relevant VA treatment records not yet obtained, the case is being remanded for further action.

The Veteran's death was caused by glioblastoma multiforme, which the Board found to be related to his presumed exposure to herbicide agents during service in Vietnam. The claim for service connection for the cause of the Veteran’s death is granted.

The Veteran's claim for a compensable rating for residuals from a fracture of the right mandible and extraction of tooth number 32 is granted. His claim for service connection for tonsillitis, bilateral callosities, and PTSD are all granted with appropriate ratings. The claim for a compensable rating for residuals of a laceration of the right fifth finger is denied.

The Board denied the claim to recognize M.M.C. as a dependent child for VA purposes because there was no legal adoption, even though S.P.T., the Veteran's spouse, had been appointed as the legal guardian of M.M.C.

The Veteran's claim for a disability rating in excess of 20 percent for intervertebral disc syndrome (IVDS) is denied. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) on a schedular basis is also denied. The Board has remanded the issues of entitlement to an extraschedular rating for IVDS and TDIU on an extraschedular basis, as well as SMC for loss of a creative organ.

The Board has remanded the Veteran's claims for service connection for atrial fibrillation and residuals of a stroke, both claimed as secondary to his service-connected PTSD. The case will be reviewed with new medical opinions regarding the etiology of these conditions.

The Veteran's amputation of the right great toe is being remanded for further development due to a lack of an independent medical opinion, and the need to address whether it was caused by neglect or improper treatment at VA facilities.

The Veteran's right hip surgeries resulted in chronic pain and a leg length discrepancy, but the Board found no evidence of VA fault or unforeseeable events causing these complications. The claim for compensation under 38 U.S.C. § 1151 is denied.

The appeal is remanded for further development to obtain private healthcare records and determine if the cause of death is related to service.

The Veteran's application for Post-9/11 GI Bill educational assistance benefits was denied as he did not meet the eligibility criteria due to his service at the Air Force Academy, which is not considered qualifying active duty.

The Veteran's death was caused by urothelial carcinoma, which the Board found to be related to his service exposure to Agent Orange. The Board granted service connection for the cause of the Veteran’s death.

The Board denied a higher disability rating for the Veteran's thoracic spine disability, finding that the evidence did not support a rating exceeding 20 percent.

The Veteran's claim for service connection for dermal and subcutaneous infiltration by small B cell lymphocytes morphologically consistent with chronic lymphocytic leukemia was granted on February 11, 2016. The Board found that the effective date of this grant should be February 11, 2016, as it is the later of the date entitlement arose and the date the claim was filed.

The Board denied service connection for a left-hand disability and a right-hand disability, finding that the evidence did not support a link to service.,For the period prior to October 2, 2018, the Veteran's left knee disability was rated as non-compensable. Since then, it has been rated at 10 percent.

The Board has decided to remand the cases for further development and consideration, including obtaining additional medical opinions and ensuring all documents are included in the claims file.

The Veteran's active service did not qualify as wartime service, and thus he is not eligible for Special Monthly Pension based on the need for aid and attendance.

The Veteran's claim for service connection for discoid lupus erythematosus is granted. The claim for TDIU is remanded.

The Board has granted service connection for a back disability, specifically scoliosis, finding that the Veteran's pre-existing condition was aggravated by his military service. The decision is based on credible testimony and medical records indicating the Veteran experienced symptoms prior to his diagnosis of scoliosis.

The Board has remanded the Veteran's claims for service connection for nerve pain in his right and left legs, as secondary to a service-connected lumbosacral strain. The VA is required to obtain an additional medical examination to determine if the Veteran's nerve pain is related to his service-connected condition.