Other conditions decisions — 2020

The Veteran's right thumb injury with DJD resulted in limited flexion and functional loss, which is comparable to a gap of more than two inches (5.1 cm.) between the thumb pad and the fingers, qualifying for an initial rating of 20 percent under Diagnostic Code 5228.

The Board found new and material evidence to warrant reopening the claim of service connection for a respiratory/pulmonary disorder, but remanded it for further examination and opinion regarding its etiology.

The Board has determined that the Veteran's current diagnosis of chronic lymphocytic leukemia is at least as likely as not related to her service, including in-service symptoms and continuity of symptomatology since service. As such, the claim for service connection for chronic lymphocytic leukemia is granted.

The Veteran's bilateral hammer toe with corns and hallux valgus have been granted increased ratings of 20 percent each, effective December 20, 2011.,Effective October 25, 2011, the Veteran is entitled to a noncompensable rating for his hallux valgus in both feet.

The Veteran's appeal for service connection for tooth decay has been withdrawn by his attorney.

The Veteran's death was caused by cardiopulmonary arrest, pneumonia, coma, and glioblastoma multiformis. The appellant contends that the Veteran's service in Vietnam and at Camp Lejeune exposed him to herbicide agents and environmental toxins, including vinyl chloride, which caused his brain cancer. However, VA has not yet procured a medical opinion on this matter.

The Board has granted an earlier effective date of May 29, 2014 for the reinstatement of VA disability compensation benefits that were terminated due to the Veteran's status as a fugitive felon. The decision is based on the evidence showing the warrant was cleared by October 12, 2011 and the application being filed within one year of that date.

The Board denied the Veteran's claim for service connection for loss of teeth, finding no medical or dental evidence that he has a current disability falling under compensable categories.

The Board denied entitlement to compensable ratings for service-connected multiple fragment wounds of the right arm and abdomen, finding that the preponderance of evidence did not show any functional impairment or disabling effects.

The Board has remanded the case due to a lack of VA examination for the right toe injury, which is related to service-connected right foot injury.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that glioblastoma was not a disease associated with herbicide exposure and there is no evidence linking it to service or service-connected conditions.

The Veteran's appeals for increased evaluations of his service-connected knee disabilities were remanded.,An effective date prior to June 17, 2009, was also remanded for the grant of a 40 percent initial evaluation for a service-connected neurological disability of the right arm. The Veteran’s private attorney raised the issue of entitlement to TDIU as part of his appeals.

The Veteran's service-connected left radial and median nerve disabilities are being remanded for a new VA examination to assess the current severity of his conditions, as well as whether they should be rated separately.

The Veteran's Non-Hodgkin’s Lymphoma was not service connected as it did not have its onset in service and is not otherwise related to service, including herbicide exposure. The Board found no evidence of exposure to Agent Orange during service.

The Veteran's appeal for more than 3 months and 19 days of educational assistance benefits under the Post-9/11 GI Bill was denied because he had already used up his remaining MGIB benefits, leaving him with only 3 months and 19 days of Post-9/10 GI Bill benefits to distribute.

The Veteran's death is being remanded to determine if his service-connected conditions were a contributing cause of death. The issue of DIC under 38 U.S.C. § 1318 remains pending.

The Veteran withdrew his appeal before a decision was made, so the case is dismissed.

The Veteran's claim for service connection for pulmonary fibrosis is being remanded due to the need for a new opinion considering his exposure to asbestos and herbicide agents during military service.

The Veteran's claims for increased ratings for varicose veins of the right and left lower extremities have been denied as his symptoms do not meet the criteria for a higher rating under Diagnostic Code 7120.

The Board has decided to remand the cases for further development and examination regarding service connection for a skin disorder and a disorder affecting a finger of the right hand.