Other conditions decisions — 2018

The Board has denied the Veteran's claims for an earlier effective date for bilateral shin splints and a TDIU due to lack of clear and unmistakable error in the original denial, as well as the need for a new examination to determine the current severity of his bilateral shin splints.

The Board has determined that the Veteran's respiratory disability is not related to his active duty service and denied his claim.

The Veteran's claim for an initial rating in excess of 20 percent for his left foot, fifth digit disability is remanded due to the inadequacy of a previous VA examination. The TDIU issue is also remanded as it may be affected by the outcome of the increased rating claim.

The Board has ordered additional development for the March 2013 Humphrey's visual field test to be associated with the claims file, as it was requested in the previous remand. The case is now being readjudicated.

The Veteran's appeal for TDIU was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board found that there is no evidence to support a connection between the Veteran's Bell's palsy and her military service, and thus denied her claim for service connection.

The Veteran and the appellant were not married at the time of the Veteran's death, thus the appellant cannot be recognized as his surviving spouse for VA death benefits purposes.

The Board has requested a medical expert opinion and is remanding the case for further development, including obtaining additional records related to an August 2009 tilt test. The Veteran's current cardiac disability may or may not be related to service.

The Board denied the appellant's claim as she was not recognized as the Veteran's surviving spouse for purposes of establishing entitlement to DIC benefits due to her divorce from the Veteran at the time of his death.

The Veteran is seeking service connection for a sleep disorder that he believes is related to his service-connected left thigh peripheral neuropathy. The Board has determined that additional development, including obtaining medical opinions and private treatment records, is necessary before the issue can be decided.

The Veteran's fibrocystic breast disease and scars were evaluated, with the scars receiving a 20% rating effective May 20, 2015. The fibrocystic breast disease was found to not warrant a compensable rating.

The Board has remanded the case due to the need for additional development, including obtaining SSA records related to Supplemental Security Income (SSI) benefits.

The Veteran's onychomycosis of the bilateral toes is rated at a maximum schedular 60 percent disability rating from January 22, 2008 to June 27, 2011. Since then, it does not meet criteria for a compensable rating.

The Veteran's claim for service connection for unspecified trauma and stressor-related disorder is granted. The effective date of the award of spousal dependency benefits remains February 5, 2011.

The Veteran's claim for service connection for a left eye disorder, to include as secondary to his service-connected diabetes mellitus II, is being remanded due to the need for additional development and examination.

The Veteran has withdrawn his appeal for the issues of an initial rating higher than 40 percent for Crohn's disease, an initial rating higher than 20 percent for inflammatory arthritis disease, whether there was clear and unmistakable error in a July 2012 rating decision which assigned an effective date of March 29, 2011, for the grant of service connection for Crohn's disease, whether there was clear and unmistakable error in an October 1975 rating decision which denied service connection for regional enteritis and rheumatoid arthritis, and entitlement to a TDIU.

The Board has determined that the Veteran's current hammertoe of the right third toe is related to service and granted service connection for this condition.

The Board denied the appellant's claim to be recognized as a surviving spouse of the Veteran due to her divorce from him being based on perceived abusive behavior, which does not meet the legal requirement for recognition as a surviving spouse.

The Board has remanded the case for further development, including obtaining VA treatment records and arranging for a VA examination to determine if the Veteran's mast cell sensitivity and related allergies are service-connected and/or if his GERD is compensably rated.

The Veteran's initial claim for a compensable rating for his service-connected left scapular strain was granted, but the RO assigned a zero percent (noncompensable) rating. The Veteran disagrees with this decision and has requested an increased rating.