Other conditions decisions — 2017

The Veteran's partial tear of the left hamstring muscle has been rated at 10 percent since June 26, 2010.

The Veteran's claim for an increased rating for HIV in excess of 30 percent prior to February 21, 2015, and in excess of 60 percent thereafter has been granted.

The Veteran's claim for an increased rating for his thoracic spine disability from December 16, 2003 to June 30, 2008 was denied as the evidence did not show unfavorable ankylosis of the entire spine or incapacitating episodes of intervertebral disc syndrome lasting at least six weeks in the prior 12 months.

The Veteran's claim for service connection for a dental disorder has been reopened. The claim for service connection for a cardiac disorder remains denied as the evidence does not support a link to his military service.

The appellant requested to withdraw his appeal regarding the need for aid and attendance special monthly compensation. As a result, the Board has dismissed the appeal.

The Veteran's left eye vision loss is not deemed to be the result of VA care, and it was a foreseeable event.

The Board has determined that the appellant is not entitled to an increased rate of non-service-connected pension for 2010, 2011, and 2012 based on unreimbursed medical expenses incurred in those years. The calculated payment was accurate and no additional benefits are payable.

The Veteran is seeking reimbursement for physical therapy services provided in February, March, and April of 2011. The claim has been remanded due to the need for additional records from the VA Medical Center and Stanwood Camano Physical Therapy.

The Veteran's death was caused by aspiration pneumonia, which is related to his service-connected gunshot wound. The claim for additional burial benefits in excess of $1,022 based on service-connected death is also granted.

The Veteran's claim for an increased rating and the propriety of a reduction in his disability rating for hypertensive cardiovascular disease is being remanded due to incomplete records. The VA will attempt to obtain any missing private treatment records, including those from a cardiac stress test conducted in July or August 2013 at Voorhees Hospital.

The Board denied service connection for residuals of a left Achilles tendon injury and a left leg disability, claimed as secondary to residuals of a left Achilles tendon injury.,There is no evidence showing that the Veteran's current conditions are related to his military service.

The Board found that the appellant's income did not exceed the maximum annual pension rate, and her home sale was excluded from countable income. The property sold in April 2014 was held by an irrevocable trust for the benefit of the children, thus not belonging to or controlled by the appellant. As a result, the discontinuance of improved death pension benefits effective January 1, 2015, was improper.

The Board found that the Veteran's right eye condition is not related to her service and determined it is a genetic defect, which was not superimposed upon during service. Therefore, service connection for a right eye disorder is denied.

The Veteran's claims for service connection for back pain and skin rash were granted, but the claim for an initial compensable disability rating for erectile dysfunction was denied. The effective date of SMC based on loss of use of a creative organ is set at September 23, 2009.

The Board denied an extraschedular rating for the left thumb disability and found that the schedular rating criteria adequately described the level of impairment due to pain, weakness, and fatigability. The claim for a higher initial rating for the acquired psychiatric disorder was also denied.

The Veteran's claim for increased ratings for residuals of a fracture of the right big toe, hearing loss, and left knee arthralgia was granted. The rating for residuals of a fracture of the right big toe is set at 20 percent effective October 18, 2013.

The Veteran's appeal is remanded for a new VA examination to assess the nature and severity of his service-connected right pelvis disability, including any additional limitations due to pain or other symptoms. The case will be returned to the Board after the examination.

The Board has remanded the case for additional development due to inadequate compliance with previous remands and a need for another VA medical opinion.

The Veteran's claims for increased evaluations of his chronic brain syndrome and right foot disability, as well as a claim for TDIU are being remanded due to the need for additional development.

The Veteran's ulcer disease disability exhibited moderate symptoms prior to June 28, 2016 and severe symptoms since then. The current ratings appropriately reflect these changes.