Other conditions decisions — 2020

The Veteran's service-connected squamous cell carcinoma, which resulted in a left pneumonectomy, prevents him from securing and following substantially gainful employment.

The Veteran's initial ratings for right and left hip limitations of flexion prior to July 12, 2019 were denied. Ratings in excess of 10 percent are not warranted.,Starting from July 12, 2019, the Veteran's increased ratings for right and left hip limitations of flexion were also denied. Ratings in excess of 20 percent and 40 percent respectively are not warranted.

The Board has remanded the case due to incomplete development of inpatient hospital records and need for a new VA examination.

The Veteran's right hip bursitis has been rated at 10 percent since May 2, 2006. The appeal is for higher evaluations for the condition.

The Veteran's right elbow injury on March 7, 2013 was considered a medical emergency due to severe pain and concern for an elbow fracture. The nearest VA facilities were not feasibly available during the emergency, and seeking treatment at a local ER or urgent care center would have been reasonable.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran has prostatitis and if it is related to his military service.

The Board has not fully complied with previous remand directives regarding the apportionment of VA disability benefits to the appellee on behalf of the Veteran's daughter, S.C. The claim is being remanded for further development and compliance with contested claims procedures.

The Board denied a rating in excess of 20 percent for left lower leg lymphedema and denied entitlement to TDIU. The Veteran's service-connected condition is rated at 20 percent, effective January 30, 2006.

The Veteran's dizziness, which began during service in Iraq and has persisted since then, is considered a manifestation of an undiagnosed illness due to his service in the Southwest Asia theater. The Board granted service connection for this condition under the presumption for Persian Gulf Veterans.

The Board denied an earlier effective date for survivor pension benefits because the appellant did not appeal the previous denials of her claim and filed a new claim on August 24, 2016.

The Board has remanded the case due to incomplete development and will refer it for consideration of a TDIU on an extraschedular basis.

The Board denied the Veteran's claim of service connection for chronic pancreatitis, finding that his condition did not manifest in service or within one year thereafter and is not otherwise related to service.

The Board denied service connection for the cause of the Veteran's death due to a meningioma, finding that there was no evidence linking the condition to active duty service or exposure to ionizing radiation.

The Board has denied the Veteran's claim for service connection for labyrinthitis, finding that there is no direct or secondary relationship between his current condition and his military service. The issue of a higher rating for bilateral hearing loss remains pending.

The Veteran's appeal is remanded for additional examination and opinion regarding his right and left leg conditions, including shin splints and chronic exertional compartment syndrome. The Board will consider whether these conditions are separate from each other and if they cause impairment in earning capacity.

The Veteran's appeal of the ratings assigned for his service-connected right ring and right little finger disabilities comes before the Board of Veterans' Appeals (Board). The Veteran was denied separate compensable ratings for the residuals of a right ring finger fracture and a right little finger fracture. However, he is granted a 10 percent rating for arthritis of both the right ring finger and right little finger as a group of minor joints effective November 14, 2012.,The Board also remanded the Veteran's appeal of the maxilla fracture disability to obtain an opinion addressing respiratory and dental issues as residuals of the maxilla fracture.

The appeal regarding SMC based on the need for regular aid and attendance is dismissed as the claim has been granted in a November 2020 rating decision.

The Board has determined that the Veteran's current right hand disability is related to an in-service injury, and thus service connection for this condition is granted.

The Veteran's residuals, left distal tibia fracture received a disability evaluation rating of 20 percent effective March 18, 2020.

The Board has denied the Veteran's claim for service connection for sexual impotence, finding that there is no evidence to support a link between his current condition and his military service or any related conditions.