Other conditions decisions — 2019

The Veteran's left iliac crest disability is rated at 10 percent, and the appeal for a higher rating is denied. The separate assignment of a 20 percent rating for the left superior cluneal nerve as of November 23, 2009 is proper. The Veteran's residuals of right tibia fracture are not entitled to a higher than 20 percent rating, and the noncompensable rating for his scar of the right tibia remains unchanged.

The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's right forearm condition and its relationship to service.

The Board denied an initial disability rating higher than 20 percent for service-connected coccydynia, finding that the Veteran's forward flexion of the thoracolumbar spine was not to 30 degrees or less and did not result in unfavorable ankylosis. The Board also found no neurological impairment associated with her spine disability.

The Board has decided to remand the case due to insufficient information regarding the relationship between the Veteran's service-connected psychiatric disability and his HIV/AIDS. Additional medical opinion is needed.

The Board has remanded the claims for a neck disorder, right upper extremity neurological impairment, and left upper extremity neurological impairment due to service connection. The Veteran's STRs do not show any complaints or diagnoses related to these conditions during his military service.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's claimed respiratory condition, specifically idiopathic pulmonary fibrosis. The Veteran is seeking service connection for this condition based on exposure to contaminated water from Camp Lejeune and Camp Pendleton during his military service.

The Board has determined that the Veteran's insomnia, diagnosed after service, was incurred in service and granted service connection for this condition.

The Board has granted service connection for bilateral pleural thickening with calcified pleural plaques as a result of in-service asbestos exposure, finding the evidence at least in equipoise that this condition is related to his active duty service.

The Board denied the Veteran's claim for service connection for colon cancer as due to radiation exposure because there is no current diagnosis of colon cancer in the record.

The Veteran's claim for an initial compensable rating for a left fifth finger disability was denied, and the issue of service connection for bilateral hearing loss was remanded.

The Board denied the Veteran's claim for service connection for a skin disability, finding that there was no nexus between his current skin disability and his in-service allergic dermatitis or HTLV-1 infection. The Board concluded that the Veteran did not have continuous symptoms of skin problems after service and that his statements regarding the origin of his skin disability were not credible.

The DIC claim is denied as the Veteran did not meet any criteria for the grant of DIC under 38 U.S.C. § 1318. The cause of death is remanded to determine its etiology.

The Board has remanded the case for further development due to errors in previous remands and a need to verify the Veteran's exposure to herbicide agents during service. The cause of death claim will be readjudicated based on the new evidence.

The Board denied the appeal of overpayment and waiver, finding that recovery was not against equity and good conscience.

The Veteran's daughter has received all authorized retroactive compensation payments for service-connected death benefits or dependency and indemnity compensation (DIC). The appeal is denied as the criteria for entitlement to additional monies payable as DIC have not been met.

The Board has determined that additional development is needed to determine if the Veteran's perforated colon, hernias, and MRSA infection are related to his VA treatment in August 2012. The decision will be based on whether these conditions were caused by carelessness or negligence on the part of VA providers.

The Board has decided to remand the case due to the need for additional development, including gathering information about the Appellant's income and conducting a VA aid and attendance examination.

The Veteran's appeal is remanded due to the possibility of missing VA treatment records and outstanding private treatment records. The claims file should be updated with these records.

The Veteran's osteoporosis is granted as service connected due to in-service radiation exposure. The male reproductive condition, including atrophy of testicles and sterility, is remanded for further review.

The Veteran's death is remanded for further review of his medical records and opinions regarding ibuprofen use and asbestos exposure. Service connection claims are also remanded.