Other conditions Board decisions

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a lack of proximate cause, concluding that the additional disability (temporomandibular injury) was not caused by VA negligence or an unforeseeable event.

The Board has remanded the claims for increased ratings for right and left medial epicondylitis due to inadequate examination reports.

The Veteran's claim for a higher disability rating for post-operative hallux valgus of the left foot with degenerative disease was denied as he is already receiving the maximum schedular rating authorized under Diagnostic Code 5280.

The Veteran requested to withdraw his appeal for a TDIU from the legacy appeals system, and the Board dismissed the appeal as a result.

The Veteran's right foot DJD with os perineum syndrome and fibrous coalition calcaneus-navicular joint is granted a rating of 30 percent, but no higher, prior to June 1, 2019.,The issue of entitlement to an extraschedular rating for the right foot disability remains pending.

The Veteran's service connection claims for restless leg syndrome, left leg and right leg have been granted.

The Veteran's right foot injury residuals, including chronic strain and fracture, are granted a 10 percent evaluation from March 29, 2012, to April 3, 2016.

The Veteran's claim for service connection for a neurological disorder is denied as he does not have a current diagnosis of such.,The Veteran's claim for service connection for a blood vessel disorder, claimed as peripheral vascular disease, is denied as he does not have a current diagnosis of such. The Board also notes that the Veteran has a current diagnosis of right breast cancer and an addendum opinion is needed to determine if it is at least as likely as not related to his military service.,The Veteran's claim for service connection for male breast cancer is remanded due to insufficient evidence regarding its etiology.

The overpayment of spousal allowance compensation benefits in the amount of $12,085.42 is waived due to the Veteran's fault for not properly notifying VA of his divorce and subsequent marriage.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case as a result.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities, finding that they rendered him unable to secure or follow substantially gainful employment.

The Veteran's claim for a compensable rating for his left foot hammertoe deformity is granted, with the maximum allowable rating of 10 percent.

The Veteran's claims for service connection for a back condition, neck condition, and pituitary adenoma are being referred to the RO. The Board finds that additional evidence is needed regarding radiation exposure and potential asbestos exposure during service. A VA medical opinion will also be obtained to determine if the Veteran’s pituitary adenoma and residuals are related to service exposures.

The Board has remanded the case for a VA examination and opinion regarding the etiology of the Veteran's cutaneous neuroendocrine carcinoma, which is presumed to be due to exposure to herbicide agents in service. The Veteran seeks service connection for this condition.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's bladder cancer was caused by his presumed exposure to herbicides during service, and thus grants service connection for the cause of death.

The Veteran's death occurred before the eligibility criteria for a government-furnished headstone or grave marker were established, and thus he is not eligible for such benefits.

The Board denied the claim for recognition as the Veteran's surviving spouse due to a lack of clear and convincing evidence that the Veteran and the Appellant had a common law marriage in Oklahoma.

The Board has decided to remand three issues related to the Veteran's foot conditions, including post-operative osteotomy for bunionette, left fifth toe with callus formations (porokeratosis) and metatarsalgia, porokeratosis with metatarsalgia (claimed as right foot condition), and left foot arthritis. The decision is based on the need for additional medical records to be obtained.

The Veteran withdrew their appeal, and the Board has dismissed it.

The Board has dismissed the appeal due to the Veteran's death, and no further action can be taken on this matter.