Other conditions decisions — 2017

The Board has determined that the Veteran's pleural thick thickness is related to his in-service asbestos exposure, and thus service connection for this condition is granted.

The Board has determined that the Veteran's gastrointestinal disorder is not related to his service and therefore denied his claim for service connection.

The Veteran's claim for service connection for flat feet in 1975 reasonably encompassed a claim for cold injury residuals of the bilateral lower extremities, and he is entitled to an effective date of November 21, 2000, but no earlier.

The Veteran's appeal is being remanded to obtain a new VA examination for his right foot condition and retina tear, as well as to correct the procedural deficiency regarding the effective date of service connection for cervical spine degenerative disc disease. The issues of TDIU are also pending.

The Veteran's claim for service connection for breathing problems, including as due to asbestos exposure, is being remanded for additional development and examination.

The Board has decided to remand the case due to new evidence submitted by the Veteran, which includes his service treatment records and other relevant documents. The case will be reconsidered with a focus on whether the Veteran had Reserve service prior to December 1974.

The Veteran's claim for an earlier effective date for a 30 percent rating for Posterior Tibial Tendon Dysfunction with ongoing collapse, impingement and dysfunction of the posterior tibial tendon medially was denied as there is no evidence or allegation of any pending claim prior to March 16, 2007 that could have resulted in an earlier effective date.

The Board has determined that the Veteran's Restless Leg Syndrome is not service-connected as it did not result from injury or disease in service, nor was it caused or aggravated by any service-connected disability.

The Board has remanded the case for additional development due to an inadequate April 2013 VA examination and other issues.

The Veteran's initial claim for service connection for a right index finger disability was denied in May 1968. As there was no appeal of this decision, the denial became final. The Veteran filed a new claim to reopen his previous denial on February 11, 2013, and was granted service connection effective from that date.

The Veteran's service connection claim for colon cancer due to ionizing radiation exposure is denied. The new and material evidence received in relation to his TBI claim has been accepted, but the issue of service connection for TBI remains pending.

The Board has determined that the Veteran's compression fractures of the spine are not related to service or a service-connected disability, and thus denied her claim for service connection. The Board also found no evidence supporting an increased rating for chronic low back pain with degenerative joint and disc disease or cervical spondylosis.

The Board has determined that the Veteran's service-connected tarsal tunnel syndrome does not warrant a compensable disability evaluation, as it is only mild at worst and does not meet the criteria for a 10% rating under Diagnostic Code 8523.

The Veteran's appeal for TDIU was denied as he failed to report for the scheduled VA examination.

The Veteran's primary insomnia is not shown to have manifested at any time with impairment greater than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks due to chronic sleep impairment, daytime hypersomnolence, fatigue, irritability, concentration difficulties, and subjective mild memory difficulties.

The Board has decided to remand the case for further development, including obtaining missing service treatment records from Orlando Naval Station and ensuring all due process requirements are met.

The Board finds that the appellant is not a dependent child eligible for apportionment of the Veteran's VA compensation benefits as she has not been shown to be under the age of 18, to have become permanently incapable of self support before the age of 18, or to have pursued a course of instruction at an approved educational institution after attaining the age of 18.

The Veteran's thoracic spine degeneration with scoliosis and osteopenia resulted in forward flexion limited to greater than 30 degrees but not greater than 60 degrees, without ankylosis or other disabling conditions. The current evaluation of 20 percent is appropriate.

The Veteran has withdrawn his appeals regarding the earlier effective dates for TDIU and DEA benefits. As a result, these issues are dismissed.

The Board has determined that the Veteran's current bursitis and degenerative joint disease of the left shoulder is service-connected, resolving all doubts in favor of the Veteran.