Other conditions decisions — 2019

The Board has decided that an effective date prior to November 28, 2011 for the grant of service connection for the Veteran's cause of death is warranted. However, due process issues have been identified and additional procedural documents need to be obtained before a decision can be made.

The Board has remanded the case due to inadequate radiation dose assessment and a need for a medical opinion regarding the Veteran's exposure to radiation during service, which may be related to his cause of death.

The Veteran's appeal for increased ratings for her right hip bursitis and associated right thigh impairment was denied. The VA found that the Veteran did not meet the criteria for a higher rating based on limitation of motion, as her range of motion tests were within normal limits with no compensable loss.

The Board denied a compensable rating for hammer toe and callouses of the feet, as well as an earlier effective date for service connection. The Veteran's claim was not received within one year after separation from service, so the earliest effective date is January 27, 2012.

The Board dismissed the claims as they are moot due to the appellant's death.

The Board has decided to remand the Veteran's claim for a compensable rating for his right hand disability due to the need for further development of the record, including obtaining updated treatment records and scheduling an examination.

The Board has remanded the case due to a need for further examination and opinion regarding the nature and etiology of any diagnosed psychiatric disorder, including unspecified mood disorder and adjustment disorder. The examiner is asked to determine if these conditions are proximately due or caused by service-connected tinnitus.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's varicose veins are related to service, and therefore grants service connection for this condition.

The Veteran requested to withdraw his appeal for an earlier effective date for special monthly compensation under 38 U.S.C. § 1114(k). The Board dismissed the appeal as a result.

The Board has granted service connection for basal cell carcinoma, which is linked to exposure to an herbicide agent during active duty in Vietnam. However, the claim for service connection for colon cancer was denied as there is no evidence linking it to herbicide exposure.

The Veteran's service-connected peripheral vascular disease of the right and left lower extremities was granted initial disability ratings of 20 percent each from January 26, 2010 until November 15, 2018. From November 15, 2018, a higher rating in excess of 40 percent for both lower extremities is denied.

The Veteran's claims for earlier effective dates for service connection for endometriosis and a hysterectomy were denied.,A statement of the case is needed to address these issues.

The Board has found that the Appellant's claim for accrued benefits was timely filed and must be readjudicated on its merits. The matter is being remanded to the RO for further review.

The Board denied the appellant's request to reopen her claim regarding her spouse's character of discharge, finding that no new and material evidence was submitted since the last final decision.

The Board has remanded the case due to the need for a VA examination and further medical evaluation regarding the Veteran's sinus disability, which may be related to his service and herbicide exposure.

The Veteran's appeal is about getting an earlier effective date for his service-connected hallux rigidus, left great toe (previously rated as left great toe numbness). The Board has decided to remand the case due to missing VA and private treatment records from the relevant time period.

The Veteran's service-connected bilateral eye condition, resulting in pain, photophobia, and glare sensitivity, has been rated at 10 percent since the grant of service connection. The Board finds that this rating adequately reflects his disability.

The Veteran's vein disorder in the lower extremities is aggravated by his service-connected hypertension, and he is granted service connection on this basis. The appeal for a rating in excess of 20 percent for hypertension, temporary total rating based on need for convalescence for a service-connected condition, and TDIU as a result of service connected disabilities is remanded.

The Board found that the appellant committed willful and persistent misconduct during his service, resulting in a bad conduct discharge. As this constitutes dishonorable conditions under VA regulations, he is barred from receiving VA benefits.

The Veteran's service is not considered during a period of war, thus he does not meet the eligibility requirements for nonservice-connected pension benefits.