Other conditions decisions — 2019

The Veteran's claim for an increased rating in excess of 30 percent for hiatal hernia with esophageal reflux is denied. The Board finds that the preponderance of the evidence does not support a higher disability rating. The Veteran's skin disability claim is remanded due to inadequate medical opinion.

The Veteran's claim for an increased rating in excess of 50 percent for impairment of extension 3rd left finger with nonunion of metacarpal secondary to accidental gunshot wound of the left hand is denied. The current 50 percent evaluation adequately contemplates the severity and frequency of the disability.

The Board has remanded the issues of entitlement to service connection for hypertension, prostate condition (including BPH and prostatitis), and skin condition of the right leg.

The Veteran's skin cancer was not found to be related to his service, including exposure to radiation. The Board denied the claim as there is no evidence linking the current condition to his military service.

The Board denied the Appellant's request to change the effective date of service connection for the Veteran's death, finding that she did not file a timely notice of disagreement.

The Board has decided to remand the issues of whether the Veteran's $44,160.00 debt was validly created and his entitlement to a full debt waiver.

The Board has granted service connection for the cause of the Veteran's death, finding that his pancreatic neuroendocrine tumor requiring pancreatectomy and splenectomy was related to Agent Orange exposure during active service.

The Veteran's esophageal disorder, including esophageal cancer and Barrett’s esophagus, is remanded for further examination and medical opinion due to his exposure at Camp Lejeune.

The Board has remanded the case due to conflicting medical opinions regarding the Veteran's heart conditions and their relation to service. The VA examiner is requested to provide an opinion on whether any service-related heart disability contributed substantially or materially to death.

The Board found that the overpayment of DIC benefits was valid due to the appellant's incarceration and his acceptance of the payments, despite being aware of the need to inform VA of his status.

The Board has remanded the claims for a TDIU rating prior to September 1, 2011 and basic eligibility to DEA prior to September 1, 2011 due to procedural issues. The case is being referred back to VA's Director of Compensation Services for consideration of an extraschedular TDIU rating under 38 C.F.R. § 4.16(b).

The Veteran's claim for an increased rating for dysthymic disorder was denied because no NOD had been filed with respect to the October 2014 rating decision, and the appellant did not have a valid fee agreement covering this issue.

The Veteran's claims for service connection for panic disorder and ulcers were denied. The Board found that new and material evidence was not submitted to reopen the claim of service connection for panic disorder, and that there was no continuity of symptoms or medical nexus between the claimed conditions and military service.

The Board has determined that a VA examination is required to determine the nature and etiology of the Veteran's ameloblastoma of the right maxillary sinus, including whether it is related to herbicide exposure during service in the Republic of Vietnam.

The Board denied the appellant's claim for VA death benefits, including nonservice-connected death pension, due to her failure to provide necessary information and because she is currently incarcerated.

The Veteran's appeal for service connection for arthritis due to trauma is dismissed. The issue of service connection for a jaw condition secondary to her cervical spine disability is remanded.

The Board denied an earlier effective date for the Veteran's 40 percent evaluation for bilateral flatfeet, finding that no claim was made before August 27, 2007.

The Board denied the Veteran's nonservice-connected pension benefits because his income exceeded the maximum allowable pension rate.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or at the housebound rate is remanded due to incomplete medical records. The VA needs to obtain updated VA treatment records, SSA disability application records, and arrange for a VA aid and attendance examination.

The Veteran's gout claim is being remanded due to the need for additional VA treatment records and a new examination.