Other conditions decisions — 2019

The Board has granted service connection for a right shoulder disability, diagnosed as glenohumeral joint dislocation and acromioclavicular joint arthritis, finding that the Veteran's current condition is related to his in-service injury.

The Board has remanded the Veteran's claims for service connection for bilateral hip disorders, as secondary to his service-connected bilateral knee disabilities. The issues are whether the Veteran's obesity and/or service-connected bilateral knee disability caused or aggravated his hip disorders.

The Board has remanded the case due to a lack of medical opinion regarding the cause of death and esophageal cancer.

The Veteran's residuals of a hemorrhoidectomy have been rated at 60 percent since January 20, 2018. The rating is based on frequent involuntary bowel movements and extensive leakage.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that there is no evidence linking Agent Orange or JP-8 jet fuel exposure to colorectal cancer.

The Veteran's ex-wife is not recognized as his surviving spouse for VA benefits purposes due to her divorce at the time of his death, thus denying her claim for accrued benefits.

The Veteran's step-daughter was denied accrued benefits as she did not qualify as a child eligible for VA purposes and there were no expenses incurred by her to cover the Veteran's surviving spouse's burial costs.

The Board denied the Veteran's claims for service connection for skeletal condition, skin condition, and tremors, finding no evidence associating these conditions with his service or herbicide exposure.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA medical treatment from October 20-24, 2011 is remanded because the provided opinion by a VA examiner was inadequate and did not address the specific issues of whether there was an additional disability caused or made worse by VA procedures.

The Board has remanded the claims for service connection for a right arm disability and an evaluation in excess of 10 percent for residuals of a right hamstring tear due to inadequate examinations. The TDIU claim is also remanded as it requires additional development, including obtaining a completed VA Form 21-8940.

The Board denied service connection for the cause of death due to esophageal cancer, finding no evidence linking it to service or herbicide exposure. The claim was also denied for Survivors Pension because the appellant's income exceeded the maximum annual pension rate.

The Board denied the claim as the appellant's character of discharge is a bar to VA compensation benefits due to willful and persistent misconduct.

The Veteran's appeal is being remanded for the issuance of an SOC regarding her motion to revise rating decisions that denied service connection for a large intestine disorder on the basis of clear and unmistakable error (CUE). The earlier effective date claim will be held in abeyance as it is inextricably intertwined with the Veteran's CUE motion.

The Veteran's neurological disability of the left arm, previously rated as 30 percent disabling for radial tunnel syndrome with a history of triceps insertion separation, is now granted at a 70 percent rating effective from March 22, 2019.

The Veteran's service-connected diabetes mellitus caused his cardiomyopathy, which rendered him less capable of resisting pulmonary fibrosis and contributed to his death. Service connection for the cause of the Veteran’s death is granted.

The Veteran's service-connected low back disabilities are granted at a 60 percent evaluation effective April 21, 2012. Separate evaluations of 20 percent for left and right ankle strains are also granted.

The Veteran's claim for accrued benefits is being remanded due to the need to adjudicate his caregiver fees claim and obtain records of who paid for his funeral expenses.

The Veteran's claims for increased ratings for varicose veins of the right and left lower extremities are being remanded due to the need for a VA examination.

The Board has remanded the Veteran's claims for service connection and increased rating for his right ankle sprain with tendonitis, lower back strain, bilateral leg condition, and TDIU due to inadequate examinations and missing medical records.

The Veteran withdrew his appeal regarding the withholding of VA disability compensation benefits due to receipt of military drill pay.