Other conditions decisions — 2017

The Veteran's initial rating for his right hip disability was 10 percent prior to December 12, 2014. After undergoing total hip replacement surgery in December 2014, he received a temporary 100% rating from December 12, 2014 until June 26, 2017, and a permanent 70% rating thereafter.,The Veteran's right hip disability was rated under DCs 5054, 5250-5255. The Board found that the Veteran had 'markedly severe' residual symptoms following his surgery, warranting a 70% initial rating for the period between February 1, 2016 and June 26, 2017.

The Veteran's mood disorder with depressive features has been rated at 70 percent since July 7, 2007. The symptoms include suicidal thoughts, disturbances in motivation and mood, anxiety, anger, irritability, and impairment in social relations.

The Board found insufficient evidence to support the Veteran's claim of service connection for a sinus condition, and denied his claim.

The Veteran's claims for increased ratings for his bilateral foot contusions have been denied as the evidence does not support a finding of severe symptoms warranting higher ratings.

The Board has granted a 10 percent rating for the Veteran's service-connected right fibula fracture, effective September 23, 2011. The rating is based on painful motion of the knee joint.

The Board has recognized the appellant as the surviving spouse of the Veteran for purposes of VA benefits, effectively granting the underlying threshold eligibility requirement.

The Board has determined that the Veteran's current right and left foot disorders are not related to his service, thus denying service connection for these conditions.

The Board has denied the Veteran's claim for service connection for diverticulosis, finding that there is no evidence to support a causal link between his active service and this condition. The Board also found no evidence of secondary service connection due to his service-connected hiatal hernia.

The Veteran's claim for service connection for a duodenum disorder to include duodenitis was denied as there is no current diagnosis of such condition and the preponderance of evidence does not support a finding that his symptoms are related to service.

The Veteran's degenerative changes of the right foot were rated at 20 percent effective November 1, 2012. Prior to this date, a compensable rating was not warranted.

The Veteran's skin disorder is not service-connected, and his low back disability does not warrant a higher rating. The evidence does not support the grant of TDIU.,The Veteran's skin disorder was not incurred in or aggravated by service.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The claim will be readjudicated after these actions.

The case is being remanded for further development to verify the appellant's service in the Army National Guard. The appeal will be reconsidered after this additional information is obtained.

The Veteran's claim for reimbursement or payment of fees paid for diver certification tests taken in March 2007 was denied as the tests were not approved by a State Approving Agency (SAA) and were deemed avocational or recreational.

The Board has reopened the Veteran's claims for service connection for skin disorders of the hands and feet, as new and material evidence has been received. The case is remanded to schedule a VA examination to determine the current nature and severity of his service-connected bilateral hearing loss.

The Board has remanded the case due to missing decisional documents and will review the issue of overpayment creation.

The Board denied the Veteran's claim for service connection for tooth loss, finding that new and material evidence had not been received to reopen the claim. The decision is based on the fact that the Veteran's STRs do reflect dental work performed in service but do not support his claim of improper treatment leading to subsequent tooth loss.

The Board has determined that new and material evidence has been received to reopen the claim of recognition as the deceased Veteran's surviving spouse. However, the appellant is not recognized as such due to her legal divorce from the Veteran at the time of his death.

The Veteran's cause of death, adenocarcinoma of the liver, is presumed to have been incurred in service due to exposure to contaminated water at Camp Lejeune. As a result, the Board grants service connection for the cause of the Veteran's death.

The Veteran's service-connected post-operative residuals subtotal gastrectomy disability precludes her from securing and following substantially gainful employment.