Other conditions decisions — 2022

The Veteran's unauthorized non-VA medical care for gastric bypass surgery complications from November 9, 2016 to November 23, 2016 at St. Joseph East Hospital is granted as the treatment was deemed necessary due to a prudent layperson standard of an actual medical emergency.

The Veteran's initial and increased evaluations for left-foot arthritis with osteopenia and hallux valgus are denied, as the evidence does not support a rating higher than 10 percent prior to December 4, 2017 or 30 percent thereafter.

The Board has decided to remand the Veteran's claims for an increased rating and TDIU due to inadequate VA examination opinions regarding functional loss during flare-ups. The case is being sent back for further evaluation.

The Veteran's claims for service connection, PTSD rating, and effective dates are being remanded due to the need for additional records.

The Veteran withdrew his appeal regarding the claim for service connection for throat cancer, which was secondary to herbicide exposure. The Board dismissed this issue.

The Veteran's claim for payment of non-VA emergency medical care provided on September 8, 2016 is granted as the treatment was necessary due to a severe and sudden abdominal pain condition.

The Board has remanded the Veteran's claims for breast cancer and a bone disability due to service connection issues. The breast cancer claim is related to low-level beta radiation exposure, while the bone disability claim is secondary to treatment for breast cancer.

The Board denied service connection for residuals of a broken nose, including deviated septum, finding that the Veteran's current condition did not begin during service or is otherwise related to an in-service injury.

The Board has decided to remand the claim of service connection for a skin disability due to incomplete compliance with previous remands and the need for an updated medical opinion.

The Board has remanded the Veteran's claims for increased ratings for left and right lower extremity varicose veins, as well as his claim for TDIU prior to June 2, 2019. The AOJ is required to obtain all relevant treatment records from Naval Medical Center San Diego and schedule a VA examination to assess the severity of the Veteran's service-connected varicose veins.

The Board has determined that further development is necessary to determine if the Appellant was insane at the time of his misconduct leading to his bad conduct discharge and to obtain records associated with his application for a discharge upgrade.

The Board has remanded the case for further development to determine the nature and etiology of the Veteran's chest disorder, including whether it is proximately caused by or aggravated by his service-connected PTSD.

The Board has remanded the claim of service connection for cone dystrophy due to a lack of substantial compliance with previous remand directives. A new VA medical opinion is needed to determine if the Veteran's cone dystrophy had its onset in or is otherwise related to active duty service.

The appellant's claim for benefits for a child born with spina bifida is granted, as the Veteran served in Thailand and was exposed to herbicide agents.

The Board denied the claim for service connection for the cause of the Veteran's death, finding no evidence linking his death to service or incidents therein, including presumed herbicide exposure.

The Board has determined that the evidence is in equipoise, and after resolving all doubt in favor of the appellant, service connection for the cause of death due to glioblastoma is granted.

The Board denied service connection for a heart disability, finding that the Veteran does not have a current diagnosed disability and that any existing conditions are congenital defects or residuals of his ASD.

The Board found no evidence of a groin disorder or hernia in service and concluded that any current groin pain is not related to military service.

The Veteran's service-connected supraventricular arrhythmia is granted a rating of 30 percent effective December 23, 2019. The right lower extremity disability is denied as not meeting the criteria for service connection.

The Board has determined that the Veteran's esophageal cancer is related to his exposure to contaminated water at Camp Lejeune, and thus service connection for this condition is granted.