Other conditions decisions — 2020

The Board has decided to remand the case due to incomplete service treatment records and need for a more thorough medical opinion regarding the appellant's mental state at the time of misconduct. The VA will conduct another search for missing records, obtain a supplemental statement from the appellant, and provide a VA medical opinion on his mental health.

The Board has remanded the case for a medical opinion to address the Veteran's right wrist disability, including whether it is related to service and/or secondary to his service-connected right elbow lateral epicondylitis.

The Board has denied the Veteran's claim for service connection for squamous cell carcinoma of the right third finger, finding no evidence to support a direct or secondary relationship to his military service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's pulmonary emboli are related to his exposure to contaminated water at Camp Lejeune during service.

The Veteran's service-connected arthritis does not meet the criteria for special monthly compensation based on housebound status or need for aid and attendance.

The Board has granted an increase in the amount of apportionment to 20 percent of the Veteran's VA disability benefits, effective from when he was awarded Total Disability based on Individual Unemployability (TDIU) benefits. This decision is not about service connection.

The Board has denied service connection for fatigue and insomnia, finding that they are symptoms of the Veteran's service-connected obstructive sleep apnea. The claim for PTSD is remanded as there is insufficient evidence to determine if it is related to service.

The Veteran's mental disabilities, specifically panic disorder and schizoaffective disorder, have resulted in total social and occupational impairment. The Board has determined that the criteria for a 100 percent disability rating are met.

The Veteran's left elbow fracture and T10 and L1 compression fractures have been rated at 10 percent since October 11, 2019. The Board found that a higher rating was not warranted for the left elbow due to painful motion alone, but granted a 10 percent evaluation based on painful flexion. For the T10 and L1 compression fractures, the Veteran's disability has been rated at 10 percent since October 11, 2019.

The Board has remanded the cases for additional development due to outstanding VA and private treatment records, including those from Dr. Grau and Dr. Correa.

The Board denied an initial rating in excess of 20 percent for the Veteran's service-connected left hand disability, finding that the evidence did not support a higher rating based on favorable ankylosis of three fingers or other criteria.

The Board denied the claim for special home adaptation and specially adapted housing as it is not an accrued benefit due to the Veteran's death, and the Appellant is ineligible to substitute for the Veteran.

The Board denied a compensable rating for dermatophytosis of the groin, miliaria, and foot fungus infection due to insufficient evidence showing at least 5% body or exposed area affected by these conditions.

The Veteran's claim for earlier effective date for left leg varicose veins and post-phlebitic syndrome was denied as there was no valid claim filed prior to August 3, 2017.

The Veteran's appeal for payment or reimbursement of medical services received at Shands Jacksonville Hospital on February 7, 2015 is dismissed due to his death.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's porphyria cutanea tarda is related to service, including as due to herbicide exposure. The Veteran needs to provide private treatment records and a VA examination.

The Board denied compensation under 38 U.S.C. § 1151 for bone loss with loss of teeth due to VA treatment, finding no indication that the proximate cause was carelessness, negligence, lack of proper skill, error in judgment, a similar instance of fault on the part of VA, or an event not reasonably foreseeable.

The Veteran's fecal urgency is granted service connection, but the nature and etiology of his temperature intolerance are remanded for further examination.

The Veteran's cause of death, hepatocellular cancer, was not related to his service or any exposure to herbicide agents. The Board found that the evidence did not support a finding that the Veteran's in-service symptoms were manifestations of hepatocellular cancer and there is no competent medical evidence linking the Veteran's service, including presumed exposure to herbicide agents, to his death from hepatocellular cancer.

The Board has determined that the claim for an earlier effective date than October 1, 2010 for DIC benefits should be remanded to allow the Veteran or their representative to submit a substantive appeal and address issues related to CUE in prior denials of the original claim.