Other conditions decisions — 2017

The Board found that the appellant's marriage to the Veteran was invalid due to a legal impediment, and thus she is not entitled to recognition as his surviving spouse for VA purposes.

The Veteran's appeal is denied as there is no evidence of deep and nonlinear scarring or unstable scars that would warrant a higher rating for the laceration of the right arm with hypesthesia. The muscle weakness in the right arm, while noted by the Veteran, does not meet the criteria for separate ratings under DC 8615.

The Veteran's claims for increased ratings for his left great toe fracture and lung disability, as well as the claim for TDIU, have been denied due to failure to report for scheduled VA examinations.

The Veteran's service-connected right hip condition is rated at 10 percent, and the left hip conditions are also rated at 10 percent. The Veteran has been granted a compensable rating for her right hip flexion and extension issues.

The Veteran did not die of a service-connected disability and he was not service-connected for any disability evaluated as total and permanent at the time of his death, thus the appellant does not meet the eligibility criteria for dependents' educational assistance.

The Veteran's gout was not manifested by one or two exacerbations a year in a well-established diagnosis prior to September 4, 2014. Since then, his gout has been rated as 20 percent disabling.

The Board has determined that the Veteran's generalized arthritis is not related to his active duty service and did not manifest within one year of separation. As such, the claim for service connection for generalized arthritis is denied.

The Veteran's claims for an increased rating for myotonic dystrophy type II and a TDIU are being remanded due to the need for additional development, including scheduling of a VA examination.

The Veteran's appeal was denied as his right shoulder disability did not warrant a higher initial rating prior to April 27, 2016, and the current rating of 20 percent after that date is also denied.

The Board has found that the Veteran's vascular disease, including deep vein thrombosis and venous thromboembolism, is not related to service or his service-connected diabetes mellitus. The claim for an initial compensable disability rating for Nevi (skin disorder) was denied.

The Veteran's adjustment disorder has not resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The Veteran's degenerative arthritis of the lumbar spine did not result in forward flexion for the thoracolumbar spine of 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine prior to September 28, 2017. Beginning September 28, 2017, the Veteran's degenerative arthritis of the lumbar spine resulted in forward flexion for the thoracolumbar spine of 30 degrees or less but has not been characterized by unfavorable ankylosis of the entire thoracolumbar spine.

The Board has determined that the Veteran's fatigue is attributable to her service-connected multiple sclerosis and does not warrant separate service connection. For bilateral ingrown toenails, there is no evidence of a compensable disability rating as they do not meet the criteria for any specific diagnostic code.

The Veteran's residuals of fractures of the right and left tibia and fibula with deformity are rated at 30 percent each, as they meet the criteria for this rating under DC 5262.

The Board has remanded the case due to procedural issues and the need for additional medical records. The Veteran's claims of entitlement to special monthly compensation based on the need for aid and attendance, as well as discontinuance of special monthly pension (SMP) based on the need for aid and attendance, are being reviewed.

The Veteran's low back disability renders him unable to secure or follow a substantially gainful occupation, and he is granted TDIU.

The Veteran's claims for an effective date earlier than October 31, 2007, for evaluations of 20 percent for his gunshot wounds of the left forearm and left leg are granted.

The appellant is not eligible for accrued benefits as he did not personally pay the Spouse's final medical expenses or burial expenses. The evidence shows that the Spouse's estate paid these expenses, including a lien on her residence which the appellant had to pay off in order to purchase the house.

The Board has determined that additional information is needed regarding the Appellant's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) in 2007 to properly adjudicate her claim for service connection for deep vein thrombosis (DTV).

The Board has granted a waiver of the overpayment of $3,049.89 in Dependents' Educational Assistance (DEA) benefits due to significant undue hardship and against equity and good conscience.

The Veteran is seeking an earlier effective date for the award of dependent compensation for his adopted child, S.C. The Board finds that the criteria for entitlement to such a date have not been met and denies the claim.