Other conditions decisions — 2016

The Veteran's claim for an initial rating in excess of 40 percent for thoracic scoliosis was denied, but the RO granted service connection and assigned a 40% disability rating effective November 20, 2002.

The Board has granted service connection for the Veteran's right foot sesamoiditis and right first toe bunion, finding that these conditions are related to his military service.

The Veteran's diagnosed actinic keratosis and squamous cell carcinoma on exposed areas are related to his active service, and the Board finds that he is entitled to service connection for these conditions.

The Veteran's calluses on both feet have been rated as 10 percent disabling since May 21, 2010.

The Veteran's claim for a higher rating for his lumbar spine disability is being remanded due to incomplete records and the need for additional examinations.

The Veteran's herpes simplex virus has been rated at 10 percent since July 1, 2009. The Board found that the evidence did not support a higher rating as the condition was treated with oral antiviral medications less than six weeks in the past 12 months and affected less than five percent of his body area.

The Veteran's low back disability was rated at 40 percent effective April 28, 2015. He is also entitled to a TDIU on and after this date.

The Board has determined that the Veteran's current neck disorder and myelopathy did not begin during or as a result of his active duty service.

The Board has remanded the case for additional development due to a lack of compliance with previous remand instructions regarding the etiology of the Veteran's current bilateral foot and heel arthritis.

The Veteran's income exceeds the maximum annual income limit for receipt of nonservice-connected disability pension and SMP based on the need for regular aid and attendance.

The Board has determined that service connection for a mood disorder is granted, but denied for a personality disorder.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected limitation of extension of the left forearm. The issue remains whether he is entitled to an initial compensable disability rating.

The Board denied the Veteran's claims for a higher rating for his Tietze's Syndrome (costochondritis) on an extra-schedular basis and a TDIU also on an extra-schedular basis, finding that the evidence did not present such an exceptional or unusual disability picture with related factors as marked interference with employment.

The Veteran's appeal is remanded to the AOJ for further development, including a VA examination and consideration of entitlement to SMC based on loss of use of his left foot.

The Board found that the overpayment of educational assistance benefits was validly created and denied the Veteran's request for a waiver due to her failure to timely file a request within 180 days following notification.

The Board has granted service connection for multiple myeloma, which is presumed to have been incurred in service. The claim for left hip disorder was denied as there is no evidence of a current disability or link between the condition and service.

The Board denied the Veteran's claims for service connection for uterine fibroids and a bilateral eye disorder (dry eye syndrome), as well as her increased rating claims for carpal tunnel syndromes, sinusitis/rhinitis, and upper GI disability. The Board found that there was no current diagnosis of macula hypopigmentation or dry eye syndrome related to service, and denied the Veteran's TDIU claim.

The Board finds that the Veteran's current right foot disability, diagnosed as osteoarthritis of the right foot, is related to his in-service injury and grants service connection for this condition.

The Veteran requested to withdraw her claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's service-connected right thumb disability, characterized by ankylosis of the metacarpophalangeal (MCP) and interphalangeal (IP) joints with favorable function, is currently rated at 20 percent. The Board finds that this rating adequately reflects his current level of impairment.