Other conditions decisions — 2020

The Board has granted service connection for left parotid gland ACC residuals, including loss of the left ear and facial deformity. The Veteran's right thigh nerve and muscle condition and left eye condition are remanded due to unclear etiology.

The Board has decided to remand the case due to inadequate reasons for denial and potential duty to assist errors, requiring additional evidence and a new VA examination.

The Board has remanded the case due to new evidence submitted by the Veteran, and a supplemental statement of the case (SSOC) should be issued.

The Veteran's adjustment disorder is rated at 30 percent, and the Board found no evidence of occupational or social impairment warranting a higher rating.

The Board found compelling circumstances for the appellant's prolonged absences without leave and granted eligibility for VA compensation benefits, despite his character of discharge being under other than honorable conditions.

The Board has remanded the claims for service connection due to inadequate opinions in the November 2019 and December 2019 VA examinations. The Veteran's eye disability is being reviewed again, including exposure during deployment to Afghanistan. The swelling in his lower extremities is also under review, with consideration of whether it is related to hypertension.

The Veteran's cervical laminectomy and subsequent MRSA infection resulted in additional qualifying disabilities, including osteomyelitis and a fracture of C2 spine segment. The Board finds the VA breached its standard of care by failing to provide informed consent for the surgery on C2 vertebrae and did not monitor him closely post-operation, leading to an infection that caused further complications. Compensation is granted for these additional disabilities under 38 U.S.C. § 1151. The Veteran's right upper extremity and bilateral lower extremity weakness are denied as there is no qualifying additional disability or diagnosis.

The Board has remanded the cases due to inadequate VA opinions regarding the etiology of the Veteran's colon cancer and squamous cell carcinoma of the right tonsil. The case is being sent back for an addendum opinion that considers the Veteran's statements about asbestos exposure in service, his medical records, and the January 2020 Joint Motion for Remand.

The Board denied service connection for squamous cell carcinoma, as secondary to herbicide exposure, due to the lack of evidence showing that the Veteran's condition is a respiratory cancer and not related to his in-service exposure.

The Board has decided to remand the cases for further development and examination, as they pertain to service connection for neck injuries and head injuries.

The Veteran's claims for increased ratings for painful motion and instability associated with a partial left anterior cruciate ligament tear, status-post arthroscopic surgery were denied as the evidence did not show that his symptoms warranted a disability rating in excess of 10 percent.

The Board has decided to remand the case due to inadequate development of medical opinions regarding service connection for the cause of the Veteran's death, specifically related to Barlow's syndrome and cardiomyopathy.

The Veteran's cause of death, esophageal cancer with liver metastasis, is determined to be service-connected due to presumed exposure to herbicides and contaminated water at Camp Lejeune. The appellant also receives burial benefits.

The claim for Total Disability Rating Based on Individual Unemployability (TDIU) is denied because the Veteran's service-connected neurocognitive disorder already provides a 100% rating, and he is receiving housebound benefits. The TDIU claim is moot.

The Board dismissed the issue of entitlement to a Total Disability Rating Due to Individual Unemployability (TDIU) as it does not have jurisdiction over this appeal. The reduction in disability rating for sensory dysfunction of the right foot from 20% to 10% was proper based on evidence showing improvement.

The Board has decided to remand the case due to the need for an addendum opinion regarding the etiology of the bronchiectasis. The Veteran's private provider suggested that his bronchiectasis could be a congenital disease, and this needs further clarification.

The Board has remanded the claim for a new VA examination to determine if the Veteran's jaw pain and neuralgia are related to her in-service maxillary expansion surgery. The examiner must provide an opinion on whether it is at least as likely as not that any diagnosed disability causing jaw pain, or functional impairment of the jaw, is related to service.

The Veteran's rating for residuals of invasive BSCC of the larynx was reduced from 10% to 30% effective April 1, 2016. From January 10, 2018, he is entitled to a 100% rating.,From April 1, 2016, to January 10, 2018, the Veteran's residuals of invasive BSCC of the larynx were rated at 30%. From January 10, 2018, he is entitled to a 100% rating.

The Board has granted service connection for alopecia areata and denied service connection for chronic neck pain. The decision is based on the evidence showing a current diagnosis of alopecia areata related to service, but no link between the current neck disability and service.

The Board has remanded the cases for further development and consideration due to a lack of reasoned medical explanation in a November 2017 VA medical opinion, as well as the need to consider the Veteran's full symptomatology and lay statements.