Other conditions decisions — 2015

The Veteran's initial rating for nerve entrapment due to hernia repair on his right side is granted at the maximum schedular rating of 10 percent. A separate neurologic component rating for left-sided residuals is not warranted as there are no associated symptoms or findings. The Veteran meets criteria for a TDIU based on schedular ratings since March 2, 2015.

The Veteran's right clavicle fracture and left elbow lateral epicondylitis have been granted compensable ratings, with the exception of the left elbow supination/pronation impairment which has not yet been rated.

The Board has granted service connection for bilateral sacroiliac joint dysfunction and denied service connection for a left foot disorder. The Veteran's oral herpes disability is restored to a 10% rating.

The Veteran's claim for service connection for DVT and its residuals, to include as secondary to the service-connected residuals of left buttock pilonidal cyst removal, has been denied. The Board found that there was no evidence of a chronic disease during service or continuous symptoms since service separation.

The Veteran's post-surgical paresthesia of the right inferior alveolar nerve is characterized by moderate-to-severe incomplete paralysis, as well as some intermittent pain. The disability does not meet or approximate criteria for a higher rating.

The Veteran does not have a current diagnosis of a low back disorder, and the Board finds no evidence to support service connection for this condition.

The Veteran's appeal for increased evaluations of his service-connected pericarditis and TDIU was denied. The criteria for an evaluation in excess of 30 percent for pericarditis prior to April 25, 2011, were not met, as there is no evidence reflecting a workload of fewer than 5 METs resulting in dyspnea, fatigue, angina, dizziness, or syncope. From April 25, 2011, to the present, the criteria for an evaluation in excess of 60 percent were not met either. The Veteran's TDIU claim was also denied as there is no evidence showing that his service-connected disabilities preclude him from securing and following substantially gainful employment.

The Veteran's bilateral foot condition, post-hammertoe surgery, is productive of pain and some limitations on standing and walking but does not meet the criteria for a higher rating as it does not demonstrate pes cavus with marked contraction of plantar fascia, dropped forefoot, very painful callosities, or marked varus deformity.

The Veteran's respiratory disability claim has been reopened, but service connection is not granted.,Tinnitus remains rated at 10 percent and no higher rating is granted.,Service connection for hypertension is denied as there is no evidence of its onset during active duty or due to a service-connected condition.,No issues regarding right knee, left knee, left ankle, arthritis, heart disease, or penis deformity with erectile dysfunction are addressed.

The Veteran's claim for a higher evaluation for his periodic limb movement disorder with symptoms of restless leg syndrome is remanded due to the need for a new VA examination.

The appellant is not entitled to recognition by VA as the surviving spouse of the deceased Veteran for purposes of VA death benefits due to her marriage being less than one year prior to his death and lack of a child born of their marriage.

The Veteran's bladder incontinence was rated at 40 percent from February 9, 2009 through February 9, 2012, and the maximum rating of 60 percent has been assigned effective February 10, 2012.

The Veteran's claim for service connection for lupus is being remanded due to the need for confirmation of her active duty service in 2003 and a September 2002 weekend drill. The AOJ will conduct an exhaustive search for these records.

The Veteran's appeal is being remanded due to a possible worsening of his service-connected knee disabilities, requiring further examination and evaluation.

The Board has reopened the Veteran's claim for service connection for a right eye disability and finds that new and material evidence has been presented. The case is now remanded for further development.

The Board has remanded the case due to the need for additional medical opinions regarding the etiology of the Veteran's heart disorders, including whether they are related to service and/or herbicide exposure.

The Veteran's appeal is being remanded to address the validity of an overpayment and his claim for waiver of recovery. The VA will attempt to locate a Declaration of Status of Dependents form he submitted in August 2004, and then adjudicate both claims.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before the AOJ and issuing supplemental statements of the case addressing his claims.

The Veteran's appeal for an automobile allowance has been dismissed due to his death.

The appellant is not recognized as the Veteran's surviving spouse for VA death benefits purposes due to her prior legal marriage to another party (M.G.) and the existence of a claim by M.G. for such benefits.