Other conditions decisions — 2019

The Board denied the Veteran's claim for service connection for left shin splits, finding that there is no current diagnosis of a left shin split and that the evidence does not support a finding of in-service injury or aggravation.

The Board denied a compensable rating for the Veteran's residuals of a right fifth metatarsal fracture, finding that there was no evidence of moderate limitation of range of motion or arthritis.

The Board has determined that the Veteran's sleep disorder (insomnia) is proximately due to his service-connected anxiety disorder and depression, thus granting service connection for this condition.

The Board has remanded the claims for an earlier effective date for TDIU and DEA benefits, as well as service connection for leg and hip disorders. The Veteran is instructed to provide employment history since 2000 and proof of income.

The Veteran's son, who was 44 years old at the time of filing for DIC benefits, is not recognized as a child for VA death benefits due to his age and lack of evidence showing he was permanently incapable of self-support prior to turning 18.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disability (TDIU) has been dismissed as the appellant requested withdrawal of the appeal.

The Board has determined that the Veteran's service-connected prostatitis does not warrant a compensable disability rating at any time during the appeal period, as his current genitourinary symptoms are attributable to non-service connected conditions.

The Veteran's right hand condition is rated at 30 percent, with separate 10 percent ratings for painful, limited motion of the right middle and index fingers. The initial rating in excess of 10 percent for the right-hand condition was denied.

The Board denied the Veteran's claim for service connection for a left leg disorder, finding that there was no evidence linking his current condition to military service and that any symptoms he experienced were not chronic from service.

The Board granted an earlier effective date of October 1, 2018 for the award of DIC benefits to the appellant. The decision is based on the fact that a claim was received within one year of the Veteran's death.

The Veteran's GI disorder, diagnosed as colitis and claimed as irritable bowel syndrome (IBS), was not shown in service. The Board found no evidence of a current disability or an in-service event that could support direct service connection. As the Veteran did not serve in Southwest Asia, presumptive service connection under the Persian Gulf Veterans' Act is also denied.

The Board has remanded the Veteran's claims for an initial compensable rating and increased rating for her right hip disabilities due to a suggestion that her disability picture has changed. A new VA examination is required to assess the current severity of her service-connected right hip disabilities.

The Board has granted service connection for bowel and neurogenic bladder disabilities as secondary to the Veteran's service-connected back disability.

The Veteran withdrew his appeal, so the case is dismissed.

The Board has determined that the Veteran's Chiari I malformation is a congenital defect and not subject to service connection as it was present at birth. The preponderance of evidence does not support findings of aggravation during service or any other link between the condition and active duty.

The Veteran's claim of service connection for a lung condition is being remanded due to the need for additional development, including scheduling a VA examination and providing VCAA notice.

The Veteran's children do not qualify for benefits under 38 U.S.C. § 1805 or 38 U.S.C. § 1815 because they are not the children of a Vietnam veteran who had spina bifida.

The Board has granted the Veteran's application to reopen his claim for service connection for gout, finding that there is at least equipoise evidence in favor of a link between the Veteran's current gout and his military service.

The Board has remanded the issue of waiver of reduction in VA compensation benefits due to concurrent receipt of drill pay in Fiscal Year 2012, as it is not clear if the Committee on Waivers and Compromises (COWC) has addressed this issue.

The Board has reopened the claim of service connection for cause of death due to new and material evidence. However, the claim is remanded as additional development is needed to determine if the Veteran's metastatic malignant neoplasm with an unknown primary site was related to herbicide exposure during active service or service.