Other conditions decisions — 2017

The Board has remanded the case due to missing service treatment records and a need for additional private medical records. The Veteran's claim will be reconsidered based on this new information.

The Veteran's cause of death was due to a congenital defect (Atrial Septal Defect), which is not considered a disability for which service connection may be granted. Therefore, the claim for service connection for the cause of the Veteran's death is denied.

The Board found that the termination of an erroneous duplicate award of death pension in the monthly amount of $707.00 effective May 1, 2014 was proper and denied the appeal.

The Board has remanded the case for additional development, including obtaining a missing colonoscopy report and providing an addendum opinion from the VA examiner.

The Veteran's respiratory condition is currently rated at 60 percent, effective August 22, 2012. The evidence does not support a higher evaluation.,The Veteran's bladder condition is currently rated at 10 percent, effective November 1984. He has been granted an increased rating to 40 percent.

The Veteran seeks VA compensation benefits under 38 U.S.C.A. § 1151 for additional disability due to surgery of the mouth floor performed on April 29, 2013 due to recurrent severe dysplasia (squamous cell cancer of floor of mouth). The Board finds that remand is necessary for several reasons including obtaining missing records and a new medical opinion.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's low back disability was rated at 10 percent from February 9, 2011 to May 11, 2015 and at 40 percent as of May 11, 2015.,Beginning May 11, 2015, the Veteran's low back disability was rated at 40 percent.

The Veteran's appeal for an annual clothing allowance was denied because the custom orthotic inserts used to treat his service-connected bilateral pes cavus do not tend to wear or tear his clothing, and there is no certification from a designee of the VA Under Secretary for Health that this appliance tends to wear out or tear clothing.

The Board denied service connection for joint or muscle disabilities of the bilateral elbows and fingers, finding that these conditions were not related to active service.

The Veteran's appeal for education benefits under the Dependents' Educational Assistance (DEA) program was dismissed as their eligibility had already been granted in a previous rating decision.

The Veteran's bilateral foot conditions, specifically ingrown toenails and pes cavus, are currently rated as 10 percent disabling. The left foot condition with mild erythema of surrounding tissue is not compensable.

The Board found that obesity is not service connected as it did not result from a disease or injury incurred in or aggravated by service. The Veteran's TDIU claim for the period prior to September 5, 2014 was also denied due to lack of evidence showing his obesity was caused by or permanently worsened beyond natural progression (aggravated) by his lumbosacral strain.

The Board found that the Veteran's bilateral histoplasmosis clearly and unmistakably pre-existed his military service and was not aggravated by it, thus denying service connection.

The Veteran's adjustment disorder is currently rated at 70 percent, effective August 16, 2016. The Board finds that the evidence does not support a higher rating throughout the appeal period.

The Veteran's service-connected left and right shin splints have been rated at 10 percent for the entire period on appeal. The VA examinations show no ankylosis, moderate knee or ankle disability, and pain along the anterior tibial region with limited motion in both knees and ankles.

The appellant is not eligible for DEA Chapter 35 benefits because she reached her 26th birthday prior to the effective date of the finding of total disability for the Veteran.

The Veteran's claim for an increased disability evaluation for Crohn's disease was previously granted by the RO, but the Court of Appeals for Veterans Claims (CAVC) has remanded the case for readjudication consistent with their decision. The VA is required to consider all evidence received since the January 2014 supplemental statement of the case and provide a new VA examination to assess the current severity of the service-connected Crohn's disease.

The Veteran's left thumb slight deformity has been rated as noncompensable since July 14, 2009. The Board finds that a compensable rating of 10% is warranted from this date due to painful motion.

The Board found that the Veteran's chest disorder, claimed as breastbone arthritis and costochondritis, is not related to her active service. The evidence did not establish continuity of symptomatology or a medical nexus between her current condition and service.