Other conditions decisions — 2019

The Veteran's fatigue is not considered a qualifying chronic disability under 38 C.F.R. § 3.317, and the Board finds that it does not meet the criteria for service connection as a direct result of his military service.

The Board denied the Veteran's request for an earlier effective date for the 30% ratings for left and right foot cold injuries, finding that the claim was not a freestanding claim but rather a request to reopen her previously denied claim. The effective date of the increased ratings is set as March 7, 2007.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Banner Good Samaritan Hospital on May 5, 2014 is being remanded due to missing documents and the need to verify Medicare coverage.

The Board denied the Veteran's claim for service connection for liver cancer as the cause of death and denied entitlement to DIC benefits under 38 U.S.C. § 1318 due to lack of legal merit.

The Veteran's acquired psychiatric disability, including adjustment disorder not otherwise specified, alcohol abuse and cocaine abuse, is being remanded for further examination to determine if it is at least as likely as not proximately due to or aggravated by his service-connected disabilities.

The Veteran's pleural plaques are rated at 60 percent effective May 10, 2017. The rating is granted as his FEV-1 was 50% predicted, which meets the criteria for a 60 percent rating but not the 100 percent rating.

The Board denied the petition to reopen a previously denied claim for service connection for blindness due to optic atrophy, finding that new and material evidence had not been submitted.

The Board denied the Veteran's claim for service connection for a right elbow ulnar nerve condition, finding no current diagnosis and insufficient evidence linking any such condition to active service or her service-connected carpal tunnel syndrome.

The Board denied the Veteran's claim for service connection for a rectal mass/tumor, finding no correlation between his current condition and his time in service. The earliest clinical evidence of a rectal mass was more than five decades after he separated from service.

The Veteran's daughter, who was born in 1947 and is over the age of 67 at the time of her father's death, does not meet the criteria for accrued benefits as a surviving child due to her age. The appeal is denied.

The Veteran's squamous cell oropharyngeal carcinoma is denied as not related to service, including presumed herbicide agent exposure.

The Board has remanded the Veteran's claims for service connection for left and right leg venous insufficiency due to insufficient medical evidence linking his condition to his military occupational specialty as a paratrooper.

The Board denied service connection for lupus as the evidence did not show that it initially manifested during active service and is not otherwise related to an in-service injury, event or disease.

The Board has decided that the Veteran's TMJ symptoms may be related to his time in active duty, and therefore remands the case for further examination and consideration.

The Veteran's TMJ repair with degenerative joint disease resulted in a 25 mm inter-incisal distance, requiring dietary restrictions to soft and semi-solid foods. This does not meet the criteria for an increased rating beyond 30 percent.

The Board dismissed the appeal due to the appellant's request for withdrawal prior to a decision being made.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's esophageal cancer and Agent Orange exposure, as well as whether the esophageal cancer is related to his prior diagnosis of non-Hodgkin's lymphoma.

The Veteran's claim for service connection for bilateral vision impairment is being remanded due to the need for a new VA examination. The issue of secondary service connection for his vision impairment due to his service-connected chronic myelogenous leukemia will also be addressed.

The Veteran's appeal for a higher rating for his right eye disability is remanded due to the need to obtain additional medical records and provide a supplemental opinion regarding the frequency of incapacitating episodes caused by his right eye condition.

The Veteran's claim for service connection of a left elbow disability is remanded due to the lack of VA treatment records and work-related medical examination reports, as well as the need for an opinion on the etiology of any current left elbow disability.