Parkinson's disease decisions — 2016

The Veteran's service-connected persistent day-time hypersomnolence due to Parkinson's disease has not been manifested by the required use of a breathing assistance device such as CPAP machine, chronic respiratory failure with carbon dioxide retention or cor pulmonale, or required tracheostomy. As such, an initial rating in excess of 30 percent is denied.

The Veteran's service-connected chronic bronchitis is found to be a contributory cause of his death from end-stage Parkinson's disease. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as moot.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for health problems including Parkinson's disease, tremors, heart damage, dementia, lung damage, and kidney damage allegedly caused by a negligent surgical procedure and post-operative care provided by VA in December 2008.

The Veteran was granted service connection for motor impairment of the upper right and left extremities due to Parkinson's disease associated with herbicide exposure, effective from December 20, 2010. The effective date is based on the receipt of medical records showing a diagnosis of Parkinson's disease in August 2001.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD with depression, and Parkinson's disease was denied as there is no competent evidence linking these conditions to his active military service.,Service treatment records did not show any signs or symptoms of the claimed disorders during service. The Veteran was diagnosed with Parkinson's disease prior to death but there is no medical evidence linking it to his service.

The Veteran seeks service connection for Parkinson's disease, claiming it is due to herbicide exposure during his military service. The Board has determined that additional development is necessary before a final decision can be made.

The Board found no evidence of Parkinson's disease or a related neurological disorder during service and the most probative medical evidence does not support a current diagnosis. The Veteran was presumed to have been exposed to herbicides in Vietnam, but his symptoms are better explained by other conditions.

The Veteran's Parkinson's disease is rated at 30 percent since January 5, 2010 and the RO has assigned separate ratings for various residuals of the disability.

The Veteran withdrew his appeal regarding the claim of service connection for Parkinson's disease claimed as the result of herbicide exposure.

The Veteran has withdrawn his appeals, and the Board does not have jurisdiction to review these appeals.

The Board has remanded the case for further development to determine if the Veteran is entitled to SMC at a higher level due to his service-connected disabilities, including bilateral upper and lower extremity symptoms.

The Board has determined that a remand is necessary to obtain additional medical records, update the Veteran's service personnel file, and provide him with a VA examination. The Veteran's claim will be reviewed after these actions are completed.

The Board has determined that the severance of service connection for Parkinson's disease was improper and restored the original grant of service connection.

The Board found that the AOJ made a clear and unmistakable error in finding the Veteran had been exposed to herbicide agents during his service in Korea, thus affirming the grant of service connection for Parkinson's disease.

The Board has determined that additional development is needed to determine if the Veteran was exposed to herbicide agents while serving aboard the USS Jenkins, which may affect his claims for service connection.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a compensable rating for bilateral hearing loss before May 2, 2015 and a rating higher than 40 percent since May 2, 2015.

The Board has remanded the case due to the need for additional development, including a VA examination.

The Veteran has withdrawn his appeals for an increased rating for head and voice tremor due to Parkinson's disease, as well as a TDIU prior to January 12, 2012. As such, the Board dismisses these claims.

The Board has determined that the Veteran's service connection for Parkinson's disease is granted, based on presumed exposure to herbicides during his service.

The Veteran was awarded a 100% disability rating for Parkinson's disease and basic eligibility to DEA benefits, both effective August 23, 2003. The Appellant's original application for DEA benefits was received by VA on May 19, 2014, which is more than one year after the initial award of benefits. Therefore, retroactive payment of DEA benefits has not been met.