Other conditions decisions — 2022

The Board denied the Appellant's claim for recognition as a helpless child due to permanent incapacity for self-support prior to age 18, finding that he was able to support himself and complete high school. The Veteran was married during the appeal period, disqualifying him from being considered a 'child' of the Veteran.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is granted as his current impairment of the V2 and V3 cranial nerves of the left face resulted from a September 1988 bone contouring procedure performed at the VA Medical Center in Decatur, Georgia.

The Board has granted a schedular rating of 10 percent for the Veteran's residuals of right fifth metacarpal fracture, finding that these residuals more nearly approximate mild, incomplete paralysis of the major median nerve. The appeal is now closed as the assigned rating adequately contemplates the Veteran's disability.

The Veteran's herpes simplex II affected less than 20 percent of his body and exposed areas, and did not require systemic therapy for more than six weeks over a 12-month period. Therefore, the claim for an increased disability rating is denied.

The Board denied service connection for ADEM, finding that it did not manifest during service and is not otherwise related to the Veteran's military service. The Board also found that ADEM was not caused or aggravated by his service-connected malaria and type II diabetes mellitus.

The Veteran's surviving spouse, the appellant, has been recognized for VA benefits eligibility due to her continuous cohabitation with the Veteran from May 1989 until his death in February 2016. The attempted common-law marriage was deemed valid by VA despite a legal impediment.

The Board has decided to remand the case due to insufficient opinions from previous VA examinations and a need for updated treatment records, including VA records, service treatment records, and private treatment records. The Veteran's left knee disabilities are being evaluated again to determine if they had onset during service or are related to in-service injuries.

The Board has remanded the case due to incomplete records and for extraschedular consideration. The appeal remains pending.

The Board has decided to remand the case due to a lack of consideration of relevant STRs and a need for an addendum opinion regarding whether the Veteran's right flank lipoma is related to service.

The Board has remanded the case due to insufficient examination opinions regarding the Veteran's lung disabilities, other than lung cancer. The examiner is asked to provide an opinion on whether these conditions are related to service exposure or aggravated by existing service-connected conditions.

The Board has remanded the case due to incomplete information regarding the Veteran's earnings during the period on appeal. The Social Security Administration records need to be obtained and reviewed.

The Board has determined that the Veteran's residuals of encephalitis and head injuries are related to his in-service encephalitis and reported head trauma, granting service connection for these conditions.

The Board has remanded the claims for service connection and rating of right knee disabilities, as well as hip disorders. Additional development is needed to obtain VA treatment records and provide opinions regarding the nature and etiology of any hip disorders.

The Board has remanded the claims for service connection for skin disease and a disability manifested by dizziness and inability to walk, both secondary to service-connected otitis externa.

The Board has determined that the Veteran's left great toe disability and potential hammer toes are not service-connected as there is no evidence linking these conditions to his military service.

The Veteran's left thumb hyperesthesia due to radial nerve injury is granted a 40 percent disability rating effective November 1, 2016. The issue of entitlement to TDIU has been denied.

The Veteran's claim for a 30 percent evaluation for service-connected left femur disability is granted, and their TDIU prior to June 17, 2014 is also granted. The cause of death claim remains pending.

The Board denied the claim for a right lower extremity neurological disability, to include a right foot drop, as secondary to atrial fibrillation due to lack of evidence showing that the condition was caused or aggravated by the service-connected atrial fibrillation.

The Veteran's claims for an increased rating and TDIU have been remanded due to inadequate VA examination reports. The Veteran is seeking a higher disability rating for his right hip condition, which includes stress fracture of the femoral neck. He also seeks a TDIU based on his service-connected disabilities.

The Board has reopened the claim for service connection for a right elbow disorder due to new and material evidence received since the December 2002 rating decision. The case is remanded for further development, including obtaining an opinion on the etiology of any current right elbow disorder.