Other conditions decisions — 2017

The Veteran's service-connected shell fragment wound of the right leg, involving muscle group XII, is currently rated at 30 percent since April 29, 2015. The disability results in severe impairment and pain with standing or walking.

The Veteran's claim for a higher rating for her right hip strain is being remanded due to inadequate VA examinations and the need for updated treatment records.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining VISTA imaging records and a VA medical opinion.

The Board found that the Veteran's HIV was not incurred during or related to his military service, as there is no evidence of HIV infection until approximately 17 years after separation from service. The Board concluded that it is less likely than not that the Veteran contracted HIV in service.

The Veteran's claim for service connection for tremors to body due to virus in service is granted. The Board finds that the preponderance of evidence supports a finding that the tremors are related to his service, specifically his viral meningitis during active duty.

The case is being remanded for additional development regarding the appellant's claim for accrued benefits on the basis of reimbursement for expenses paid for his mother's last sickness and burial.

The Veteran's claim for nonservice-connected VA pension benefits, including special monthly pension based on the need for aid and attendance, is being remanded due to insufficient financial data from recent years. The VA will attempt to obtain updated financial information.

The Veteran's application for VRAP educational benefits to pursue a teaching certification program at California State University, East Bay was denied because the institution is not eligible due to its status as a four-year university and payment after March 31, 2014, is prohibited.

The Board has reopened the Veteran's claim of service connection for a skin condition of the bilateral legs and granted it, finding that there is sufficient evidence to support the current diagnosis and its onset during military service.

The Veteran's claim for service connection for breast cancer is denied as it is secondary to her service-connected brain tumor. The rating in excess of 60 percent for the brain tumor remains unresolved.

The Board has dismissed the appeal due to the death of the appellant.

The Board found that the evidence does not support a finding of service connection for gallstones or inflammation of the gallbladder, as there is no credible evidence linking these conditions to service. The Veteran's gallbladder removal was determined to be due to known clinical diagnosis (gallstones), and not related to her service-connected IBS.

The Veteran has withdrawn his appeal for an initial rating in excess of 70 percent for dysthymia. The Board does not have jurisdiction to consider this matter as the appeal is dismissed.

The Board denied the Veteran's claim for service connection for cellulitis and bilateral venous insufficiency, finding that there is no credible evidence of a nexus between his current disability and any aspect of military service.

The Veteran's service-connected bilateral hip disabilities do not meet the percentage threshold for a grant of TDIU, and the preponderance of the evidence indicates that his service-connected disabilities do not preclude employment.

The Veteran withdrew his appeal regarding the issue of entitlement to a disability rating in excess of 10 percent for residuals of a right tibia fracture prior to February 25, 2016, and 40 percent thereafter.

The Veteran's claim for an increased initial rating for his skin disability is being remanded due to the need for clarification regarding whether prescribed medications constitute immunosuppressive treatment, and for obtaining additional medical records.

The Veteran's right foot disability is rated at 20 percent, which is the maximum rating available under Diagnostic Code 5284. The appeal for a higher rating and TDIU are remanded.

The Board has remanded the case for additional development, including obtaining medical opinions and treatment records. The Veteran's tailbone disability will be evaluated based on its current symptoms and severity.

For the period prior to April 28, 2015, the Veteran's degenerative joint disease and spinal stenosis of the lumbar spine was evaluated at 40 percent. The right lower extremity radiculopathy was separately rated at 10 percent, while the left lower extremity radiculopathy was separately rated at 20 percent.,Since April 28, 2015, the Veteran's degenerative joint disease and spinal stenosis of the lumbar spine has been evaluated at 60 percent. The right lower extremity radiculopathy is now rated at 40 percent, while the left lower extremity radiculopathy remains at 40 percent.