Other conditions decisions — 2017

The Veteran's ankylosis of par defect L5 s/p L5-S1 ALIF, posterior stabilization L5-S1 with left laminectomy at L5-S1 is rated at 40 percent since December 30, 2014. The initial rating for left leg nerve radiation remains at 10 percent.

The Veteran's service-connected MDD with psychotic features has resulted in a TDIU effective July 16, 2012 due to his inability to maintain employment since discharge from active duty.

The Veteran's right arm injury was initially treated for a muscle strain, but subsequent medical records indicate partial and full ruptures of the biceps tendon. The Board found that VA did not cause an additional disability due to negligence or lack of proper skill in providing treatment.

The Board has remanded the case for further development and an opinion from a specialist physician regarding the Veteran's sinus disability. The claim will be reconsidered based on the additional evidence.

The Board has determined that VA compensation under 38 U.S.C.A. § 1151 is granted for improper treatment of the Veteran's left maxillary cyst, as it was not properly diagnosed and treated in 2003, leading to additional disability.

The Veteran's thoracic spine strain superimposed on degenerative changes was reduced from a 20 percent rating to a 10 percent rating, effective January 1, 2010. The reduction was upheld as proper.

The Board has reopened the Veteran's claim for service connection for insomnia (claimed as sleep disorder) and finds that new and material evidence has been submitted. However, the Board also finds that the criteria for entitlement to service connection have not been met.

The Veteran withdrew his appeal for TDIU, and the Board has dismissed the matter as a result.

The Veteran's unauthorized medical expenses at Baptist Medical Center were found to meet the criteria for payment under VA regulations, as all conditions of 38 C.F.R. § 17.1002 were met.

The Board has determined that the earliest effective date for the grant of service connection for an acquired psychiatric disability, to include adjustment disorder with cognitive impairments and depressed mood (claimed as Creutzfeldt Jacob's Disease), is November 19, 2012.

The Board has determined that the Veteran's retained suture lip laceration warrants a 10 percent initial disability rating, as it is unstable and painful. The condition does not meet criteria for other service connection theories or require additional ratings based on separate diagnostic codes.

The Veteran's appeal is being remanded for rescheduling a videoconference hearing at an appropriate VA facility due to travel costs.

The Veteran's bilateral aphakia with anterior vitrectomy of the left eye and posterior chamber intraocular lens in the right eye is currently rated at 30 percent, which is the minimum rating for this condition. The Board finds that his symptoms do not warrant a higher rating based on visual acuity or field loss.

The Veteran's gunshot wound left forearm with damage to Muscle Group VII is rated at 20 percent, which is the maximum rating available under Diagnostic Code 5307.,Since October 17, 2008, the Veteran's gunshot wound right thigh with damage to Muscle Group XIV and right hip arthroplasty residuals have been rated at 30 percent. This rating remains in effect until September 20, 2015 when it was increased to 50 percent.

The Veteran's left hand disability, characterized by pain and degenerative joint disease of the index finger, is currently rated at 10 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or limitation of motion in any other fingers.

The Board has ordered a remand due to the need for additional development, including obtaining updated VA treatment records and scheduling a VA examination. The claim will be reconsidered after these steps are completed.

The Veteran's left ear chronic suppurative otitis media was granted a 10 percent rating prior to June 23, 2010 and increased to 10 percent from June 23, 2010 through April 16, 2012.

The Veteran's claim for service connection for chronic urinary tract infections was denied. The Board found that there is no evidence of a current disability related to her military service, and thus the Veteran did not meet the criteria for service connection.

The Board has denied the Veteran's claim for service connection for a disability manifested by restless legs, finding that there is no present disability or evidence linking it to active service.

The Board has remanded the case for additional development, including obtaining an opinion regarding whether the Veteran's sleep disability is at least as likely as not related to his active service or caused by his service-connected PTSD.