Other conditions decisions — 2019

The Board has decided to remand the case due to insufficient medical evidence of the Veteran's current condition and severity of her right great toe disability. The AOJ must obtain VA treatment records, ask for information on her 2012 surgery, and schedule a new VA examination.

The Board denied the claim for service connection for cause of death due to lack of evidence linking the Veteran's conditions to his military service, including exposure to Gulf War chemicals. The appellant did not submit new and material evidence within one year of the previous denial.

The Board has remanded the Veteran's claims for a compensable rating for his left-hand, residuals of 1st metacarpal hand strain with pain and left fifth metacarpal fracture/hand strain with pain due to new evidence indicating that his symptoms have worsened since his last VA examination.

The Veteran's active duty service was too short to qualify for VA loan guaranty benefits, as he served only 28 days. His discharge was due to an erroneous enlistment and not a service-connected disability.

The Veteran's employment status and SSA disability benefits application are incomplete, and additional information is needed to determine his eligibility for TDIU.

The Board denied the Veteran's claim for service connection for a left hip and/or thigh disorder, finding that the evidence did not support a causal relationship between his current condition and an in-service injury or event.

The Board has denied the Veteran's claim for an initial compensable rating for left testicle atrophy with varicocele on a schedular basis. The case is now remanded to consider whether an extra-schedular evaluation is warranted, and also to obtain a VA spine examination to address the frequency, duration, characteristics, severity, and functional loss due to flare-ups of the Veteran's low back disability.

The Board found that the Veteran's spleen was not injured or removed, and thus did not meet the criteria for compensation under 38 U.S.C. § 1151.

The Board has determined that the Veteran's current basal cell carcinoma is at least as likely as not related to his active military service, including severe sunburns during deployment in Vietnam. Therefore, service connection for this condition is granted.

The Board is remanding the case to gather information about expenses related to the Veteran's last illness and burial, as the appellant cannot be paid retroactive VA benefits due to her age.

The Veteran's agent is contesting the propriety of a reduction in his disability rating for left ear otitis media from 10% to 0%. The Board finds that this issue is inextricably intertwined with the increased rating claim and requires remand.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to service connection for a right eye disability and skin disability. The claims are being remanded for further action, including obtaining VA treatment records and scheduling a DRO hearing.

The Board has remanded the Veteran's claim for adjustment of nonservice-connected pension benefits for 2011 due to unclear development or adjudication by VHA.

The Veteran's cause of death, cardiopulmonary arrest due to cardiac arrhythmia, was not caused or contributed by a service-connected disability. There is no evidence linking the conditions causing his death to his military service.

The Board denied the Veteran's claim for service connection for recurrent erythematous multiforme, finding that new and material evidence had been received to reopen the claim. However, the Board concluded that there was no current disability of recurrent erythematous multiforme for VA purposes.

The Veteran's claim for an earlier effective date prior to March 9, 2010 for the grant of service connection for schizoaffective disorder was denied. The Board found that the law does not allow for an earlier effective date than the date of receipt of the reopened claim (March 9, 2010).

The Board denied the Veteran's claims of service connection for polycystic ovarian syndrome, hirsutism, and hormone imbalance as there is no current diagnosis of these conditions.

The Board denied a rating in excess of 20 percent for residuals of a left zygomatic arch fracture, finding that the Veteran's inter-incisal range of motion was between 21 and 30 millimeters, which does not meet the criteria for a higher rating under Diagnostic Code 9905.

The Veteran's surgery for left superficial femoral and proximal popliteal artery resulted in an additional disability due to the retention of a sponge inside his leg, which caused pain and functional impairment. The Board found that this was the result of VA's negligence.

The Board has reopened the claim for service connection for the cause of the Veteran’s death due to new and material evidence. The Board finds that there is an equal balance of positive and negative evidence linking the Veteran's cause of death to his in-service injury, thus granting the claim.