Other conditions decisions — 2013

The appellant has withdrawn her appeal regarding entitlement to service connection for the cause of the Veteran's death, and no further issues remain on appeal.

The Board has determined that additional development is needed, including obtaining VA treatment records and providing an opinion regarding the relationship between the Veteran's prostate disability and his service-connected diabetes mellitus. The TDIU claim will be deferred until the other claims are resolved.

The Board is remanding the case to determine if acquiring brachial neuritis due to an influenza vaccination was a reasonably foreseeable risk and whether informed consent for the vaccine was obtained.

The Board has remanded the case for further development and consideration of the Veteran's claims for service connection for right great toe DJD and nerve damage to the right foot, including as secondary to a service-connected disability.

The Veteran's claim for a rating in excess of 70 percent for residuals of laryngeal cancer, to include aphonia, has been granted. The current rating is based on the organic aphonia and assigned under extra-schedular criteria.

The Board has determined that the Veteran's residuals of a herniated disc at L4-L5 met the criteria for a 20 percent rating effective April 15, 2009.

The Board has found that the Veteran's ulcerative colitis was not incurred in or aggravated by active service, and thus denied his claim for service connection.

The Veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disorders has been granted, and the effective date is not specified. The appeal is dismissed as moot.

The Veteran's left and right shin splints are rated at a noncompensable level, but the Board has determined that they should be rated as analogous to painful scars, resulting in an initial 10% rating for each lower extremity.

The Veteran requested that his TDIU benefits be reinstated due to a reduction in disability rating from 100% to 70%. The Board found no clear and unmistakable error (CUE) in the decision, as the evidence showed he was working during the period of reduced benefits.

The Veteran's claims for service connection for hair loss and dizziness, confusion, and fatigue due to an undiagnosed illness or chronic multisymptom illness were denied as there is no current disability manifested by these conditions. The Board found that the evidence does not support a finding of such disabilities.

The Veteran's left elbow disability has been rated at 20 percent since December 11, 1989. The Board finds no evidence that the flexion of his left elbow is limited to 70 degrees or more, which would warrant a higher rating under Diagnostic Code 5206. Therefore, a higher rating for the Veteran's service-connected left elbow disability is denied.

The Veteran's right fifth metatarsal fracture residuals were rated at 10 percent prior to July 6, 2011 and increased to 20 percent as of that date.

The Veteran's appeal is being remanded for additional development of his treatment records and a new VA examination. He is seeking increased ratings for his service-connected left hip DJD prior to August 1, 2007 and from October 1, 2008 to the present.

The Veteran's left shoulder disability, including a fracture of the clavicle and rotator cuff syndrome, has been rated at 20 percent since January 18, 2007. The Board finds that this rating is appropriate as his symptoms have not warranted a higher evaluation.

The Veteran's claim for a higher initial rating for postoperative residuals of basal cell carcinoma, including consequent scars, was denied as the current rating adequately reflects the severity of his condition.

The Veteran's lay testimony regarding a groin injury during his first period of service is credible and probative. However, the earliest documented genitourinary disorder was many years after separation from service and unrelated to any service-connected condition or exposure. The Board therefore denied the claim for service connection.

The Veteran's left ankle disability, which is manifested by limited range of motion and degenerative joint disease, has been rated at 20 percent since June 11, 2008. The Board finds that the current rating adequately reflects the severity of his condition.

The Veteran's left leg disorder is not attributable to his period of military service and the Board finds no nexus between his current disability and service.

The Board has remanded the case due to administrative errors and missing records, including service treatment records. The Veteran's cause of death claim is being reviewed again.