Other conditions decisions — 2019

The Board denied the Veteran's claim of service connection for anal stricture, finding no current disability and concluding that the Veteran does not have a current diagnosis of anal stricture.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma of the right tonsil, finding that it did not have its onset in service and was not otherwise related to service. The appeal is dismissed as there is no evidence of herbicide agent exposure or direct causation.

The Board has decided to remand cases involving service connection for neurological disabilities of the upper and lower extremities, as well as increased ratings for various service-connected disabilities. The Veteran's claims are being returned due to insufficient medical evidence and a need for new examinations.

The Board denied retroactive benefits under Nehmer for the Veteran's cause of death due to arteriosclerotic cardiovascular disease, as there were no prior claims for service connection for heart disease. The effective date was set at the first day of the month of the Veteran’s death.

The Veteran's claim for a rating in excess of 10 percent for residuals of right distal radius fracture is denied. Separate compensable ratings are granted for limitation of motion of the right index and long fingers associated with the right distal radius fracture.

The Veteran's metastatic squamous cell carcinoma of the parotid gland is found to be related to his in-country service and exposure to herbicides, warranting service connection.

The Board found that the Veteran lacks the mental capacity to handle disbursement of VA funds due to his psychiatric disability, leading to a denial of the appeal.

The Veteran's VA compensation benefits were retroactively reduced for the period from May 2, 2007 to March 18, 2010 due to his incarceration. The Board found that he is not entitled to compensation benefits in excess of 10 percent for this period.

The Veteran's service-connected cognitive disorder does not result in a serious employment handicap, as he has overcome the effects of his impairment through obtaining multiple advanced degrees and is qualified for employment. Therefore, VR&E benefits are denied.

The Veteran's net worth was deemed sufficient to cover his expenses, including a nursing home and other personal costs. The Board denied the claim for nonservice-connected pension benefits with need for aid and attendance due to the Veteran having assets that could have been used to meet his needs.

The Veteran's psychotic disorder is rated at 40 percent from May 31, 2012 to July 17, 2015.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's left arm disability is related to his March 1998 VA surgery. The Veteran needs a physical examination with a neurosurgeon to determine if he has an additional chronic left arm disability and if it was caused by carelessness, negligence, or lack of proper skill during the March 1998 surgery.

The Board has remanded the case due to uncertainty about whether the Veteran's sickle cell anemia pre-existed service or was aggravated by it. The Veteran needs a VA examination to clarify this.

The Board has determined that the Veteran's MDS, which was linked to Agent Orange exposure during service, contributed substantially to his death from acute leukemia and intracranial bleed. As a result, service connection for the cause of death is granted.

The Board has decided to remand the case due to insufficient information, and a VA examination is needed to determine if the Veteran's current gynecological disability, including hysterectomy residuals, is at least as likely not (50 percent probability or greater) the result of disease or injury in active service.

The Board denied the claim for service connection for cause of death due to lack of new and material evidence, as the additional evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board dismissed the appeal because the Veteran’s representative withdrew it prior to a decision being made.

The Veteran's service-connected residuals of a right hand long digit laceration have been rated as noncompensable, but the Board has granted an initial 10% disability rating for this condition.

The Veteran's claim for reimbursement of home modifications performed between June and August 2008 was denied as there is no legal provision to allow for retroactive induction into an Independent Living Plan, or any rehabilitation plan under Chapter 31 when an extended evaluation is needed to determine the feasibility of a vocational goal.

The Board has determined that there was clear and unmistakable error in the January 12, 1982 rating decision denying service connection for chondromalacia of both knees. The appeal is granted, and service connection is now established.