2007) (Mayfield IV);As the preponderance of the evidence is against the Veteran's claim for an initial disability rating higher than 20 percent for his service-connected right knee disability, the benefit-of-the-doubt rule is not applicable, and the Board must deny the claim. Hodgkin's disease;
Entitlement to service connection for a right leg disability (to include the right knee), either on a direct basis or as secondary to a service-connected disability. Those examination reports contain detailed histories and findings relevant to his right knee condition. Jandreau, 492 F.3d at 1377;
The Board also found that the claims for secondary service connection for depression and an intestinal motility disorder/irritable bowel syndrome (IBS) were intertwined with the issues on appeal, and deferred further action on them at that time. See Nieves-Rodriguez v. Peake, 22 Vet. W. Bush, M.D.
Entitlement to automobile or adaptive equipment (the issue of entitlement to payment or reimbursement for the cost of unauthorized private medical expenses incurred on February 9, 2009 is the subject of a separate Board decision). VA will notify the Veteran if further action is required.
The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. §§ 5109B, 7112 (West Supp.
Entitlement to service connection for headaches, to include cluster headaches and migraines.Under the duty to assist, VA is to assist the Veteran in the procurement of service treatment records and pertinent treatment records and provide an examination when necessary. See Barr v. Nicholson, 21 Vet.
The appellant is his widow. A transcript is of record. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.
Whether the Veteran's income is excessive for the purpose of payment of Department of Veterans Affairs nonservice-connected special monthly pension benefits.The RO provided essentially post-adjudication VCAA notice by letters, dated in January 2010 and May 2010, at the time his claim was denied.
The entry noted the Veteran's claimed exposures during his service in Southwest Asia.As noted, the evidence of record documents diagnostic and clinical evaluations of the Veteran's symptoms by physicians other than Dr. Guthrie. Current treatment records must also be requested.
Given the competent evidence of psychiatric symptoms in service and after service, and the current diagnosis of depressive disorder NOS, the Board finds that a medical nexus opinion is required to determine whether the current major depressive disorder is causally related to active service.
and a general notification that the claimant may submit other evidence that may be relevant to the claim. This level of hearing disability warrants a 20 percent rating under Diagnostic Code 6100, which was granted effective the date of the private evaluation March 12, 2010.
) even when his records are negative for symptoms of or a diagnosis. The law requires that all claims that are remanded by the Board or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.
Otherwise, the lower rating is to be assigned.However, the preponderance of the evidence of record demonstrates that the Veteran is not entitled to a disability evaluation in excess of 30 percent for his service-connected anxiety disorder at any time during the pendency of his claim.
New and material evidence has been received to warrant reopening of the claims of service connection for diabetes mellitus, hypertension, a psychiatric disability, a blood disease and a heart disability. This record is negative for notations to frostbite in service or any residuals thereof.
Service connection for PTSD is granted.b) If the above response is negative, the examiner should state whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran's claimed sleep apnea is aggravated by the Veteran's service-connected PTSD.
Entitlement to service connection for the cause of the Veteran's death. Following his review of the claims file, the examiner essentially stated that there was no evidence in the literature that PTSD causes atherosclerotic heart disease or panic attacks. 120, 124 (2007) ([A]medical opinion ...
Entitlement to a compensable rating for a right ear hearing loss.
As for the right ear hearing loss, the physician noted the hearing loss in the Veteran's right ear was conductive and more likely than not due to trauma, but less likely than not due to trauma while the Veteran was in service. After the above development has been completed, adjudicate the claims.
See Dingess/Hartman v. Nicholson, 19 Vet. In this regard, the Board notes that in order for the Veteran's claim of service connection for bilateral hearing loss to be granted, the record would have to contain competent and credible evidence linking his current disability to his military service.
§ 5103A(d).As the record currently stands, the duty to provide a medical examination in connection with the Veteran's right and left leg claims has not been triggered because the evidence does not show an event or injury in service nor a current left or right leg disability.
