Other conditions decisions — 2018

The Board has granted service connection for residuals of a left third toe injury, finding that the Veteran's current symptoms are related to his in-service injury. The disability is considered direct service connection.

The Veteran's left elbow disability has not met the criteria for an increased rating beyond 10 percent from February 28, 2012 to January 28, 2016 and a 20 percent rating from January 28, 2016. The Board found that the evidence did not show any impairment of flail joint, non-union or malunion of the ulna, loss of supination and pronation (bone fusion), ankylosis, limitation of flexion to 55 degrees or less, extension limited to 75 degrees or more, or impairment of the radius.

The Board has restored special monthly compensation (SMC) for loss of use of the right eye, as the Veteran's condition has not improved under ordinary conditions of life and work.

The Veteran's unauthorized medical expenses for treatment at University Hospitals in August and September 2013 are granted, while the claim for reimbursement from Mt. St. Joseph’s Rehabilitation Center in September is denied.

The Board denied the claim for service connection for cause of death secondary to service-connected PTSD, finding that there is no evidence linking the Veteran's PTSD to his Hodgkin's lymphoma or Gulf War exposure. The medical opinions provided were considered and found to outweigh the Appellant's assertions.

The Board has decided to remand the case due to inadequate medical opinion regarding the relationship between the Veteran's right hand condition and his military service. The claim will be returned for further development, including obtaining updated VA treatment records and a new medical examination.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's alopecia is related to her service-connected migraine headaches.

The Veteran withdrew his appeal for ventral and umbilical hernia before the Board could make a decision.

The Veteran withdrew his appeal, leaving no issues for the Board to consider.

The Veteran's dysthymic disorder is rated at 70 percent effective as of April 2, 2013. The appeal for an earlier effective date and increased ratings are denied.

The Board has reopened the Veteran's claims for service connection for respiratory and memory disorders due to new evidence submitted. However, the claims are remanded as further medical opinion is needed regarding the relationship between the Veteran's current conditions and his military service.

The Board has decided that additional information is needed in order to decide the Veteran's claim regarding overpayment and warrants. Specifically, they need to determine if a warrant was erroneously or incorrectly issued between March 2005 and October 2009.

The Veteran's right lower extremity disabilities have increased in severity since the last examination, and he is required to undergo a VA examination to determine their current severity.

The Veteran's service-connected psychotic disorder is currently rated at 50 percent. The Board has determined that a 100 percent evaluation, the highest rating available, should be granted due to total occupational and social impairment caused by symptoms such as homicidal ideation, auditory hallucinations, paranoid beliefs, depression, impaired judgement, chronic sleep impairment, limited ability to attend to personal hygiene and medication management, impaired impulse control, and inability to communicate.

The Board denied the Veteran's claim of service connection for a stomach disability other than IBS, finding that there was no evidence linking her current diagnoses to her military service.

The Board of Veterans' Appeals has decided to remand the case for further clarification and audit regarding overpayment creation, including determining if Lo. and L.T. are the same person, establishing T.'s dependency status, and completing a paid and due audit.

The Veteran's spouse and custodial parent is seeking an increase in the apportionment of VA compensation benefits. The RO has already made decisions on this issue, but new evidence has been submitted since March 2017. The case is being remanded to allow for further review.

The Veteran's bilateral shin splints are each currently rated as noncompensable, but an initial 10 percent disability rating is granted for each lower extremity.

The Veteran's right hip tendinitis with limited extension is granted an initial 10 percent disability rating, effective August 31, 2011. The Veteran's limitation of the thigh is denied as not meeting the criteria for a compensable rating.

The appellant was not recognized as the Veteran's surviving spouse for VA survivor benefits because she did not meet the criteria of living with the Veteran continuously from the date of marriage to his death, except where there was a separation due to the misconduct of, or procured by, the veteran without the fault of the spouse. The appellant and the Veteran were divorced in 1962, and she counter-sued for divorce.