Other conditions decisions — 2016

The Veteran's claim for an effective date back to June 2005 is granted, as the evidence showed residual disability following his surgery at a VA medical center. The effective dates for Section 1151 compensation benefits and residual scarring resulting from the Achilles tendon repair are also granted.

The Board has determined that there is no current diagnosis of muscle damage, and thus the Veteran does not meet the criteria for service connection.

The Board is again remanding the claim due to deficiencies in a supplemental opinion provided by VA, specifically regarding whether the Veteran's death was related to his treatment from VA and if there were any instances of negligence or lack of proper skill on the part of VA.

The Board denied the Veteran's claims for increased ratings for her service-connected patellofemoral pain syndrome of both knees, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or instability.

The Board has determined that the Veteran's household income for 2010 exceeded the income threshold required for treatment in VA healthcare system without a copayment requirement, and thus denied his claim.

The Veteran's squamous cell carcinoma and nodes of the left tonsil were not incurred in service or due to radiation exposure. The claim is denied.

The Veteran's combined rating is 40 percent, effective from August 18, 2011. The Board finds that his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's post-operative residuals of injury to the medial aspect of his left lower leg are characterized by subjective complaints of pain and numbness, with normal strength, reflexes, and sensation in the left lower extremity except for an area of absent sensation around his surgical scar. The Board finds that this condition most closely approximates mild incomplete paralysis of the posterior tibial nerve.

The Board has determined that the severance of service connection for degenerative changes at L5-S1, with bulging disc at L4-5 was improper and restored the original grant of service connection.

The Board has remanded the case for further development due to inadequate medical examinations and incomplete service treatment records. The Veteran is to be provided with a VA examination to address the extent and severity of his service-connected residuals of a shrapnel wound to the left thigh.

The Board denied the Veteran's claims for a compensable disability rating for residuals of fractured fourth finger of left hand with traumatic arthritis, service connection for arthritis of fifth finger of left hand, and service connection for metallic foreign body in fourth finger of left hand. The claim to reopen a previously denied claim for service connection for bilateral eye disability (to include blindness) was also denied.

The Board has determined that the Veteran's current bilateral hip arthritis, including a right total hip replacement, is service connected due to chronic symptoms during and after service.

The Board has denied the appellant's claims for non-service-connected death pension benefits and accrued benefits due to her countable income exceeding the maximum rates, and because no pending claims were submitted at the time of the Veteran's death.

The case is being remanded for additional development, including obtaining private treatment records and addressing the Veteran's claim of entitlement to a total disability rating based on individual unemployability due to a service-connected disability. The issues are inextricably intertwined.

The Board found that the overpayment of $460.67 was not validly created due to VA administrative error, and thus denied the claim.

The Veteran's appeal has been dismissed due to his death.

The Board has remanded the case due to the need for additional development, including obtaining medical records and providing a VA opinion regarding whether any service-connected disabilities contributed substantially or materially to death.

The Veteran died in March 2002, and the appellant's claim for DIC benefits was received by VA on January 2013. The effective date of DIC benefits is set to February 1, 2013 as it falls within one year from the date of death.

The Veteran's service-connected residuals of a shell fragment wound to the right upper thigh with loss of tissue and atrophy are currently rated as 30 percent disabling, effective April 16, 2012. The rating for his residuals of a shell fragment wound to the right foot remains at 10 percent.

The Veteran's appeal has been dismissed due to his death. The claim for service connection for cancer of the mouth, secondary to exposure to Camp Lejeune Contaminated Water (CLCW), is now moot.