Other conditions decisions — 2016

The Board found no CUE in the May 1970 rating decision that assigned a noncompensable disability rating for laceration scars of the head and face, or in the May 1975 and October 2002 decisions that continued the 10 percent disability rating for residuals of left hand wound with limited flexion of fingers.

The Veteran's left shoulder disability was rated as noncompensable prior to October 28, 2014. After that date, a compensable rating of 10% was granted for the condition.

The Veteran's death was not caused by his service-connected conditions, and there is no evidence of herbicide exposure in Vietnam. Therefore, the claims for service connection and DIC are denied.

The Veteran's appeal for a TDIU prior to April 30, 2014 has been dismissed as the Veteran withdrew his appeal.

The Veteran's appeal is being remanded to the agency of original jurisdiction (AOJ) for further development, including a new VA examination and consideration of whether referral to the appropriate first line authority for extra-schedular consideration is warranted.

The Veteran's right femur fracture residuals do not meet the criteria for a rating in excess of 10 percent, as his disability does not result in impairment of the femur with malunion or nonunion, nor does it cause limitation of motion that would warrant a higher evaluation.

The Veteran's appeal has been dismissed due to the death of the appellant, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Board has found no new and material evidence to reopen the Veteran's claim for service connection of Hairy Cell Leukemia. The case is being remanded for further action, including scheduling a videoconference hearing.

The Board has determined that the Veteran's cardiomyopathy, also claimed as congestive heart failure, is at least as likely as not caused by or aggravated by his service-connected obstructive sleep apnea. As such, the claim for service connection is granted.

The Veteran's appeal is being remanded due to incomplete records. The CPC will need to obtain and review any missing documents related to the November 2012 treatment at Scottsdale Healthcare Osborn Medical Center, including Medicare coverage details.

The Board has determined that the Veteran's adjustment disorder with depressed mood does not meet or approximate criteria for a higher initial rating than 70 percent. The TDIU claim is granted as reasonable doubt is resolved in favor of the Veteran.

The Veteran withdrew her appeal regarding the issue of entitlement to payment or reimbursement for medical expenses incurred on September 4, 2013, for services rendered by the Boise Radiology Group.

The Board found that the Veteran's allergic conjunctivitis and astigmatism were not incurred in service, as there was no evidence of a chronic condition during service. The claim is denied.

The Board has remanded the case for further development and clarification of the Veteran's wishes regarding a hearing. The service connection claims for pelvic disorder and gastrointestinal/abdominal disorder remain pending.

The Board has determined that the Veteran's claimed low back disability, including scoliosis and spondylosis, did not pre-exist service or become permanently aggravated by service. As such, service connection for these conditions is denied.

The Board found that the appellant's substantive appeal was not timely filed, and thus denied her claim for VA benefits.

The Veteran's claims for increased ratings for dysthymia were denied as her conditions did not meet the criteria for extraschedular evaluations.

The Board has determined that the Veteran does not have a dental disability due to trauma or injury during active service, and his loss of approximately 30 percent of his mandibular and maxillary bone structure is considered normal atrophy found in edentulous bone arches.

The Board denied the Veteran's claims for service connection for Ehlers-Danlos syndrome, right hip disability, bilateral elbow disability, bilateral carpal tunnel syndrome, and bilateral leg length discrepancy. The Board found that Ehlers-Danlos syndrome is a congenital defect not subject to superimposed disease or injury during service.

The Veteran's actinic keratoses and basal cell carcinoma are related to his in-service sun exposure, and the Board affirms service connection for these skin disorders.