Other conditions decisions — 2019

The Veteran's appeal is remanded for a new VA examination to assess the severity of his service-connected left foot disability and whether separate ratings should be assigned for metatarsalgia, hallux rigidus, and hammer toes. The AOJ must also ensure that the Veteran can access any pertinent documents.

The Board has decided to remand the case due to a missed VA examination for the left inguinal hernia. The Veteran will be given another opportunity to provide evidence and undergo an examination.

The Veteran's current condition, including coma and memory loss, is not considered to be caused by VA treatment for gallbladder surgery. The Board finds that the additional disability did not result from carelessness, negligence, lack of proper skill, or similar instance of fault on the part of the attending VA personnel.

The Board has denied the Veteran's claims for service connection for gastrointestinal disabilities, including recurrent diverticulosis and hiatal hernia, as well as for a colon resection. The evidence does not support a finding that these conditions are related to or aggravated by his active service.

The Board has granted an earlier effective date of April 19, 2007 for the award of service connection for right patellar tendon rupture. The Veteran's original claim was denied in November and July 2007, but new evidence from his reserve training period was received after these decisions.

The Veteran's claim for an increased rating for dysthymia was denied. The issue of entitlement to a total disability rating based upon unemployability (TDIU) is still pending and will be remanded.

The Board has denied the Veteran's claim for service connection for metabolic myopathy, finding that there is no competent evidence of record linking his current condition to service.

The Board has granted an effective date of November 10, 2015 for recognizing G.R. as the Veteran's spouse for the purpose of additional dependency compensation.

The Board has remanded the case for further adjudication, including determining whether the recharacterization of the Veteran's disability constituted a severance of service connection and whether he is entitled to a separate rating for right ankle symptomatology.

The Veteran's glomerulonephritis is found to be related to his service-connected diabetes mellitus and thus granted as secondary service connection.

The Board granted payment or reimbursement of medical expenses incurred on June 12, 2017, at Tri-State Memorial Hospital due to the Veteran's right leg condition being an emergency that required immediate attention.

The Board denied service connection for metatarsalgia and gout, finding that the Veteran's current disabilities were not incurred or aggravated by his active service.,Service connection was also denied for secondary service connection of metatarsalgia to his service-connected bilateral pes planus, plantar fasciitis, calcaneal/heel spurs, and/or service-connected bilateral tarsal tunnel syndrome.

The Board denied the Appellant's request to reopen his claim regarding whether his character of discharge from service constitutes a bar to VA benefits. The evidence submitted did not provide new and material information that would change the determination.

The Veteran's claim for an increased rating for her service-connected right forearm disability is remanded due to the need for a new VA examination. The Veteran contends she is unable to use her right arm, but the current 30 percent rating does not account for this limitation.

The Board has denied a rating in excess of 10 percent for hypertensive vascular disease and remanded the issue of total disability based upon individual unemployability.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional development. The Veteran's claims are not granted as there is no current disability related to his service.

The Board denied service connection for a hand disorder, finding no evidence of an in-service injury or disease related to the hands and concluding that any current hand disorder is not caused by or aggravated by a service-connected foot disability.

The Board has remanded the case due to an issue with obtaining private treatment records from Dr. Soose, and the Veteran must be notified of this unavailability before a decision can be made.

The Board denied the claim for apportionment of the Veteran's VA disability compensation benefits because the Veteran is reasonably discharging his duty to support the child and making consistent child support payments, resulting in no undue financial hardship on him.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum annual pension rate.