Other conditions decisions — 2017

The Board has decided to remand the case for further development and evaluation of the Veteran's bilateral shin splints, including obtaining VA treatment records from specific time periods.

The Veteran's adjustment disorder has been rated at 70 percent since January 21, 2013. His headaches are not compensable.

The Veteran's death certificate lists the appellant as his spouse, but there is no evidence of a valid marriage after their 2007 divorce. The Board denies recognition as the Veteran's surviving spouse.

The Veteran's service-connected coccyx fracture is rated at the minimum compensable level of 10 percent, considering his reported pain on sitting. The Board found that a higher rating was not warranted due to other diagnosed conditions and symptoms.

The Veteran does not have a current dental disability for VA compensation purposes and is therefore denied service connection.

The Veteran's left hip arthritis and dysplasia are service-connected, with the dysplasia being aggravated by service. The claim for a left hip disorder was reopened due to new evidence.

The Veteran's claim for an initial compensable rating for ovarian cysts is being remanded due to outstanding treatment records and the need for a new examination.

The Veteran's initial claim for service connection for left eye pterygium was granted, and he is now receiving a compensable disability rating since September 22, 2015. He also has a separate compensable rating for his left dry eye syndrome.

The Board found that the Veteran's additional left eye disability and vision loss were not caused by VA care, treatment, or examination. The preponderance of evidence indicated that the Veteran's condition was due to his own negligence in seeking medical attention.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the RO. The issue of entitlement to total disability based upon individual unemployability (TDIU) remains pending.

The Board has granted an effective date of September 1, 2008 for the award of additional compensation benefits for dependents due to a change in VA law allowing such benefits for veterans with service-connected disabilities rated at least 30%.

The Board has granted a disability rating of 20 percent for the Veteran's service-connected degenerative joint disease of both shoulders, effective from the date of the decision.

The Board has determined that the Veteran did not file a claim for service connection for broken nose and deviated septum prior to June 1, 2015. Therefore, an effective date earlier than June 1, 2015, for the grant of service connection is denied.

The Board denied service connection for a right elbow disorder and residuals of an upper respiratory infection, finding no credible evidence linking these conditions to service or service-connected disabilities.

The Board denied the appellant's request to reopen her claim for recognition as the surviving spouse of the Veteran for purposes of DIC benefits, finding that new and material evidence had not been received.

The Veteran's death was not caused by a service-connected disability, and the Board denied his claim for service connection for the cause of his death.

The Board denied service connection for the Veteran's dental disability, finding that it was caused by his own willful misconduct during service.

The Board denied the veteran's claim for nonservice-connected (NSC) pension benefits as he did not have qualifying service for VA purposes, and his recognized guerrilla service prior to July 1, 1946, is not wartime service for the purposes of VA pension benefits.

The Board found that the Veteran did not incur an additional disability, including recurrent staph infections, due to a 1982 VA surgery. The opinion from the independent medical expert (IME) concluded it was less likely than not that the Veteran incurred these conditions as a result of the surgery.

The Veteran's claims for increased ratings for residuals of left and right tibia stress fractures are being remanded due to the need for additional development, including a VA examination.