Other conditions decisions — 2015

The Veteran's fracture of the right mandible with TMJ resulted in significant functional impairment, including limited range of motion and pain. The Board has determined that a 30 percent disability rating is appropriate for this condition.

The Veteran's claim for service connection for right shoulder adhesive capsulitis, claimed as secondary to his service-connected diabetes mellitus, type II, is being remanded due to inadequate rationale provided by the VA examiner in July 2009 and January 2013. The AOJ will obtain an addendum opinion from another appropriate physician based on full consideration of the Veteran's documented history and assertions.

The Veteran's service connection claim for sleepless nights is granted. The Board finds that the Veteran's insomnia is at least as likely as not related to his service-connected PTSD.

The Veteran's bilateral TMJ disorder with bruxism has been rated at 10 percent since July 7, 2009. The Board finds that the evidence does not support a higher rating as his inter-incisal range of motion is more than 30 millimeters and he experiences pain but no additional limitation due to functional loss.

The Veteran's claim for an initial, compensable rating for basal and squamous cell carcinomas of the skin has been granted. However, there are outstanding private treatment records that need to be obtained before a final decision can be made.

The Board has determined that a new VA examination is needed to assess the current severity of the Veteran's service-connected callouses of the right and left first toes, as well as any functional impairment. The case will be remanded for these actions.

The Veteran's claim for service connection for a bilateral leg disability has been denied as there is no current diagnosed disability and the evidence does not support any in-service injury or disease that could be linked to his current condition.

The Board has remanded the case due to a failure to appear for a scheduled videoconference hearing. The Veteran's current address needs to be verified and he should be rescheduled for another hearing.

The Board has reopened the Veteran's claim of entitlement to service connection for dental disability and granted it as secondary to his service-connected diabetes mellitus, type II. The evidence shows that periodontal disease is a noncompensable complication of diabetes mellitus, type II.

The Veteran's request for a hearing before the Board has been granted, and his appeal is being remanded due to this. The issue of entitlement to nonservice-connected pension benefits remains on hold until further notice.

The Board has denied the Veteran's claims for increased ratings for his right inguinal hernia and surgical scars, finding that there is no evidence of a current right inguinal hernia or scar conditions warranting an increase in disability rating.

The Board finds that the Appellant used at least her maximum entitlement of 45 months of DEA benefits by July 22, 2012 and therefore is not entitled to additional benefits beyond this date.

The Veteran's appeal is being remanded due to his request for a personal hearing before the Board of Veterans' Appeals. The claim will be returned after the hearing.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Mercy Hospital in Independence, Kansas on January 12, 2012 is granted. The treatment was deemed necessary due to the nature of the condition and the prudent layperson expectation that delay would result in serious harm.

The Board found no current right shin splints disability and denied the claim for service connection.

The Veteran's delimiting date for Chapter 30 educational assistance was July 1, 2010. The Board granted an extension of the delimiting date to August 1, 2010.

The Veteran's Addison's disease was rated at 20 percent prior to January 21, 2009. The Board has now granted a rating of 40 percent effective from that date.

The Board has remanded the case for further development, including obtaining updated VA or private treatment records and a medical opinion regarding whether the Veteran's arthritis is related to his service.

The Board has determined that the Veteran's cholangiocarcinoma (liver cancer) is a result of exposure to parasitic organisms while serving in Vietnam, and service connection for this condition is granted.

The Board has remanded the case for a new medical opinion regarding the Veteran's skin disorder, including its relation to service and exposure to sunlight. The appeal is pending further development.