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Board of Veterans' Appeals

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99-11 589, 99-11 589 (2017)
Board of Veterans' Appeals Filed: Jan. 31, 2017

The first objective medical evidence documenting a cervical spine disorder is in a February 1991 cervical spine MRI showing degenerative disc disease, which is over three decades after his active service. Radiculopathy of the sciatic nerve is rated under Diagnostic Code 8520.

# 1
98-16 124, 98-16 124 (2017)
Board of Veterans' Appeals Filed: Mar. 31, 2017

Entitlement to service connection for an acquired psychiatric disorder. See e.g., attorney's letter dated June 15, 2012. In reviewing his service treatment records, the VA examiner noted that the Veteran reported that he had been physically assaulted and beaten during an incident in service.

# 2
97-17 444, 97-17 444 (2017)
Board of Veterans' Appeals Filed: Jun. 15, 2017

The service connection issues were most recently considered and denied by the Board in a June 2014 decision. The examiner must specifically address the relevance of the August 1995 VA examiner's finding that the Veteran's bilateral hearing loss and tinnitus were due to in-service noise exposure.

# 3
96-07 870, 96-07 870 (2017)
Board of Veterans' Appeals Filed: Mar. 31, 2017

The Board finds that in this case, VA's duty to assist in the development of the claim has not been satisfied, as additional VA treatment records identified by the Veteran may exist but have not been obtained. However, the VA did not make those records part of the claims file;

# 4
95-23 643, 95-23 643 (2017)
Board of Veterans' Appeals Filed: Mar. 31, 2017

The Veteran appealed the Board's December 2006 decision to the Court. Thus, if the claimant's appeal is assigned to a Board panel, that claimant must be afforded the opportunity for a hearing before every member of the panel that will ultimately decide his case.

# 5
17-64 419, 17-64 419 (2017)
Board of Veterans' Appeals Filed: Dec. 29, 2017

The issue of entitlement to relief from the payment of agent fees from past-due benefits at the 20 percent rate in the calculated amount of $18, 559.70, resulting from the grant of service connection for prostate cancer. A copy of the transcript has been associated with the claims file.

# 6
17-44 471, 17-44 471 (2017)
Board of Veterans' Appeals Filed: Nov. 30, 2017

Entitlement to service connection for coronary artery disease (claimed as a heart condition). See May 2017 VA Examination. No alternative medical, or otherwise competent, evidence is of record which relates the Veteran's current heart disability to his active service.

# 7
17-25 802, 17-25 802 (2017)
Board of Veterans' Appeals Filed: Sep. 27, 2017

In this case, VA treatment records show that the Veteran was diagnosed with diabetes on May 8, 2004. The Board finds that the Veteran's TIA is not an additional disability proximately caused by VA healthcare providers prescribing antihypertensive medication to a patient with hypertension.

# 8
17-21 1162, 17-21 1162 (2017)
Board of Veterans' Appeals Filed: Jun. 15, 2017

Entitlement to an increased initial evaluation for bilateral hearing loss, currently rated as 10 percent disabling. The examination was conducted by a state licensed audiologist and included air conduction testing and speech discrimination testing using the Maryland CNC test.

# 9
17-16 578, 17-16 578 (2017)
Board of Veterans' Appeals Filed: Sep. 25, 2017

Remand is necessary to obtain these records. 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.

# 10
17-13 836, 17-13 836 (2017)
Board of Veterans' Appeals Filed: Sep. 18, 2017

Citation Nr: 1743993 Decision Date: 09/18/17 Archive Date: 10/10/17 DOCKET NO. 17-13 836 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Indianapolis

# 11
17-10 317, 17-10 317 (2017)
Board of Veterans' Appeals Filed: Oct. 27, 2017

Myopia is a congenital defect. As noted, there is no evidence of an in-service event or injury for a mental health disability, and there is no ongoing mental health treatment or complaints of mental health symptoms. At present, there has been no VA examination in connection with this claim.

# 12
17-05 237, 17-05 237 (2017)
Board of Veterans' Appeals Filed: May 22, 2017

Entitlement to an effective date earlier than August 11, 2014 for the grant of service connection for post-traumatic stress disorder (PTSD). § 3.155(a), the veteran or a representative of the veteran could file an informal claim by communicating an intent to apply for one or more VA benefits.

# 13
16-59 341, 16-59 341 (2017)
Board of Veterans' Appeals Filed: Jun. 15, 2017

Disability ratings for hearing loss generally must be based on objective audiometric testing of puretone threshold averages and controlled speech discrimination testing (Maryland CNC) by a state-licensed audiologist.In some circumstances, the rating specialist may use Table VIa instead of Table VI.

# 14
16-57 403, 16-57 403 (2017)
Board of Veterans' Appeals Filed: Sep. 18, 2017

The appeal has been advanced on the Board's docket. 38 U.S.C.A. § 7107(a)(2); Coral Sea. The Veteran's flight log books are consistent with those of his co-pilot, and the buddy statements corroborate the Veteran's assertions of landing in Da Nang and that the acronym DAG stands for Da Nang.

# 15
16-54 619, 16-54 619 (2017)
Board of Veterans' Appeals Filed: Jun. 15, 2017

and (3) the RO could not provide the Appellant with an explanation of any evidence or information that would be required to substantiate a DIC claim based on a condition not yet service-connected because the Veteran did not have any unadjudicated service connection claims at the time of death.

# 16
16-52 481, 16-52 481 (2017)
Board of Veterans' Appeals Filed: Sep. 18, 2017

This case comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee.As noted above, the Veteran has filed a claim for compensation pursuant to 38 U.S.C.A.

# 17
16-46 848, 16-46 848 (2017)
Board of Veterans' Appeals Filed: Sep. 18, 2017

Whether a reduction from 100 to 0 percent for residuals of lung cancer was proper, to include entitlement to a compensable disability rating. the assigned rating was also not based on VA examination conducted six months after discontinuance of treatment.Department of Veterans Affairs

# 18
16-44 483, 16-44 483 (2017)
Board of Veterans' Appeals Filed: May 31, 2017

Entitlement to an effective date earlier than August 30, 2011 for the service-connected right shoulder disability, to include as due to clear and unmistakable error (CUE) in a 1946 decision that denied the claim. They shall be referred to herein by their respective receipt dates.

# 19
16-42 035, 16-42 035 (2017)
Board of Veterans' Appeals Filed: Jan. 31, 2017

In connection with the claims being decided on appeal, the evidence of record includes the Veteran's service treatment records, statements from the Veteran and his representatives, VA treatment records, and private treatment records. The prostate examination was otherwise normal.

# 20

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