Other conditions decisions — 2017

The Board has determined that the Veteran's right leg and left leg disabilities, including residuals of a fracture of the right fibula and stress fractures of the left tibia, are related to service. The conditions were diagnosed during active duty and have persisted since then.

The Veteran's lower back disability, manifested by forward flexion of the thoracolumbar spine at 30 degrees or less with pain starting at 20 degrees, meets the criteria for a 40 percent rating since June 24, 2008.

The Board has determined that the Veteran's menopausal symptoms and worsening stress urinary incontinence are due to an event not reasonably foreseeable, caused by VA treatment for a hysterectomy. As such, the claim is granted.

The Board finds that the correct effective date for additional compensation benefits based on S. S.'s status as the Veteran's dependent is September 20, 2010, when VA received the claim to add her to the Veteran's award.

The Veteran's initial rating for his service-connected heart disability was denied, with the Board finding that the evidence did not meet the criteria for a higher rating at any time.

The Veteran's appeal is being remanded for a new VA examination to evaluate the current level of severity of his service-connected paresthesias of the left hand ulnar nerve, and to determine whether any recent symptoms are attributable to non-service-connected conditions.

The Veteran's unauthorized medical expenses for emergency treatment on January 20-22, 2011 are approved as the care was necessary due to a continued medical emergency and VA facilities were not feasibly available.

The Veteran's initial claim for a higher rating for DJD of the sacrococcygeal joints was denied as his condition did not meet the criteria for an increased rating.,The Veteran's TDIU claim was also denied, with the Board finding that his service-connected DJD does not preclude obtaining or retaining substantially gainful employment.

The Board has reopened the Veteran's claim for service connection for Chronic Lymphocytic Leukemia, but denied the claim as there is no persuasive evidence that he was actually exposed to Agent Orange during his service.

The Veteran's current back disability, diagnosed as spinal stenosis of L3-4, is found to be etiologically related to his active service. The Board finds that the preponderance of evidence supports the claim for service connection.

The Veteran's service connection claim for neurological symptoms including nerve pain was denied. His IBS rating was granted at 30% effective August 12, 2015. The TDIU issue remains in appellate status.

The Veteran's claim for service connection for residuals of a cold weather injury to the bilateral lower extremity was denied as there is no evidence showing that his current bilateral lower extremity disorders are related to active duty.

The Board has determined that the Veteran's missing teeth, resulting from an in-service injury, qualify for VA outpatient dental treatment under Class II(a) classification.

The appellant is not considered the Veteran's surviving spouse for VA benefits purposes due to her divorce from the Veteran 19 years before his death.

The Veteran's countable income exceeded the maximum annual pension rates (MAPRs) for the entirety of the appeal period, resulting in his nonservice-connected pension benefits being terminated.

The Veteran requested to withdraw the issue of entitlement to service connection for mild restrictive lung disease and upper airway obstruction.

The Board has determined that the Veteran's esophageal cancer is related to his in-service exposure to herbicide agents, and thus service connection for this condition is granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and providing the Veteran with a new VA medical opinion regarding his peripheral vascular disease. The SMC claim is inextricably intertwined with the service connection claim.

The Veteran is seeking payment or reimbursement for unauthorized medical expenses incurred in December 2010 and January 2011. The claim will be remanded to obtain additional VA treatment records and ensure compliance with the August 2014 Board remand.

The Veteran's appeal was dismissed due to their death, and the claim is no longer under consideration.