Other conditions decisions — 2020

The Veteran's helicobacter pylori with gastritis, duodenitis, and lactose intolerance is rated at a 20 percent disability level due to moderate symptoms.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's Barrett’s esophagus, which is a necessary step in determining service connection for esophageal cancer.

The Veteran's claims for service connection for various upper extremity disabilities have been denied as there is no evidence that any of these conditions began during active service or are otherwise related to an in-service injury or disease.,Initial ratings in excess of 10 percent for left and right lateral epicondylitis have also been denied.

The Board has granted service connection for tongue cancer on a presumptive basis due to exposure to herbicides, specifically Agent Orange. The decision is based on the opinion of a non-VA physician who concluded that the Veteran's tongue cancer was more likely than not caused by his presumed exposure to Agent Orange during active duty.

The Board denied the Veteran's claim for service connection for a right eye disability, finding that there is no current evidence of such a condition and concluding that her previous in-service incidents did not result in any lasting effects.

The Board denied the Veteran's claims for service connection for a respiratory disability and rectal cancer, both of which were presumed to be related to herbicide exposure. The Board found that there was no evidence linking these conditions to active service or post-service medical records.

The Board has granted service connection for a right hand disability and remanded the claim of entitlement to a total disability rating based on individual unemployability (TDIU).

The appeal for a total disability rating based on individual unemployability prior to December 18, 2015 is dismissed due to the Veteran's death.

The Board denied the Veteran's claim for service connection of Restless Leg Syndrome, finding that there was no evidence linking his condition to his active service.

The Veteran's cause of death was due to acute respiratory failure and congestive heart failure, which were not incurred during active service or related to a service-connected disability. The claim for service connection for the Veteran’s cause of death is denied.

The Board denied recognition of the appellant as the Veteran's surviving spouse for VA purposes due to the marriage not lasting at least one year and the legal impediment in Maryland, which does not recognize common law marriages.

The Veteran's respiratory disability, diagnosed as pulmonary fibrosis, must be remanded for further development due to inadequate nexus opinions regarding both direct service connection and presumed exposure to herbicide agents.

The Veteran's disability rating for service-connected residuals, fracture, right femur with traumatic arthritis was granted at 40 percent prior to February 28, 2018. Since then, the claim for a higher rating has been remanded.

The Veteran's intraoperative floppy iris syndrome due to cataract surgery is denied compensation under 38 U.S.C. § 1151, and his claim for a total disability rating based on individual unemployability (TDIU) is also denied.

The Board dismissed the appeal due to the Veteran's death, and no service connection issues were decided.

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for his post phlebitic syndrome of the left lower extremity, finding that his condition did not meet the criteria for higher ratings based on persistent edema or other symptoms.

The Board has decided that the Veteran's service-connected essential tremor in both upper extremities should be remanded for further evaluation due to a lack of recent medical records and an indication that his condition may have worsened since the last examination.

The Veteran's circulation problems in the legs and strokes were not found to be related to his service-connected cold injuries of the feet, and thus denied.

The Veteran's child, the appellant, utilized 45 months of DEA benefits to obtain his high school diploma through a private military academy. The Board denied additional DEA benefits beyond this period as he has exhausted his allowed rate of entitlement.

The Veteran's bladder condition is rated at 20% since August 5, 2019. The Board finds that the evidence does not support an evaluation in excess of this rating.