Other conditions decisions — 2014

The Veteran's appeal is being remanded due to the need for additional records from the Social Security Administration. The specific issues of evaluating his right hamstring injuries are also pending.

The Board has ordered a remand to obtain an opinion on whether the Veteran's right knee disability is aggravated by his service-connected fracture of the right tibia and fibula, as well as to obtain VA treatment records from January 2014 onwards.

The Board has determined that the Veteran's osteoporosis is not related to his military service or a service-connected condition, and therefore denied the claim for service connection.

The Board found that the Veteran's preexisting left leg disorder, which existed prior to service and was not aggravated by any in-service injury or event, continued to exist after service. The VA examiner concluded that the current condition is more likely due to obesity and morbid lifestyle rather than a service-connected incident.

The Board denied a request for an earlier effective date of April 12, 2011 for the grant of special monthly pension for a surviving spouse based on the need for regular aid and attendance. The claim was not based on an original or reopened claim.

The Board has dismissed the appeal due to a withdrawal request by the appellant's authorized representative.

The Board has determined that the Veteran does not have a dental disability, to include loss of teeth numbers 17 and 32 resulting from trauma or disease other than periodontal disease. Therefore, service connection for a dental disability for the purpose of compensation benefits is denied.

The Veteran's appeal for service connection for generalized arthritis of multiple joints has been withdrawn, resulting in the dismissal of the case.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a back disability. The Board also found that the Veteran's back disability is aggravated by his service-connected right ankle disability, resulting in permanent aggravation of the underlying condition.

The Veteran's claims for higher evaluations of sickle cell anemia with bilateral sickle cell retinopathy, service connection for cholecystectomy, histoplasmosis, and blastomycosis to include as secondary to sickle cell anemia with bilateral sickle cell retinopathy, and service connection for glaucoma with uveitis were denied. The RO has combined the sickle cell anemia and bilateral sickle cell retinopathy disabilities but did not consider whether separate evaluations are in order.

The Board denied service connection for squamous cell carcinoma of the tongue, finding no direct or presumptive evidence linking it to military service, including exposure to herbicides, mustard gas, or ionizing radiation.

The Veteran's left knee disability, which was rated under DC 5055 for prosthetic replacement of a knee joint, has been found to be productive of chronic residuals including severe painful motion and weakness. The Board has determined that the criteria for a rating of 60 percent have been met since October 1, 2009.

The Veteran's bilateral thigh paresthesia of the cutaneous nerve is rated at a maximum 10 percent, which satisfies his appeal. The Veteran withdrew his appeal for an increased rating for residuals of left upper extremity shrapnel injury.

The Board has granted an effective date of August 20, 2001 for the grant of service connection for TMJ disorder.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including obtaining private treatment records and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling VA examinations to address the nature and etiology of his claimed groin condition, anal region condition, skin condition, low back disability, left hip disability, and sciatica.

The Veteran was treated for severe lower extremity pain caused by gout at The Villages Regional Hospital. He is service connected for posttraumatic stress disorder and diabetes mellitus, type II. The Board finds that the treatment met the criteria for payment or reimbursement due to it being in a medical emergency of such nature that delay would have been hazardous to life or health.

The Board has determined that the appellant's right and left hip replacements are productive of symptoms such as severe painful motion and/or weakness, warranting initial 70 percent disability ratings under Diagnostic Code 5054.

The Board denied the claim for reimbursement of expenses from accrued benefits due to the Veteran's beneficiary's last sickness, finding that the expenses were not related to medical care or burial and did not meet the criteria for reimbursement.

The Board has determined that the appellant is eligible for DIC benefits as a surviving spouse of the Veteran, given her remarriage terminated by death after October 1, 1998. The claim will be remanded to allow for further development and consideration.