Other conditions decisions — 2020

The Board has determined that the appellant may be recognized as the surviving spouse of the Veteran for purposes of VA death benefits due to their continuous cohabitation and acceptance in their community, despite Missouri's non-recognition of common law marriage.

The Board has decided that the file for the enrollment in VA Health Care claim cannot be located and requires reconstruction. The AOJ is instructed to reconstruct the record and upload all documentation related to the appeal to the electronic claims file.

The Board has denied an initial rating in excess of 10 percent for the Veteran's right middle finger disability, finding that the condition is rated at its maximum schedular rating due to painful motion and no indication of ankylosis or amputation.

The Board denied the Veteran's claim of service connection for a right forearm condition, finding that there is no medical evidence demonstrating a current disability or functional impairment to the extent of causing impairment of earning capacity.,The Board also denied the Veteran's claim for a rating in excess of 10 percent for his right middle finger condition, as there was no indication of amputation and the symptoms were not related to the middle finger disability.

The Veteran's initial claim for a higher rating for left varicocele, status post-surgery with neurological manifestations was denied. However, the Board granted a separate 10 percent rating under Diagnostic Code 7120 for symptoms of intermittent edema and aching in the left leg after prolonged walking.

The Board has determined that the Veteran's pulmonary Langerhans histiocytosis is a current disability and was incurred during his active duty service, resolving all doubt in favor of the Veteran.

The appeal was dismissed due to the appellant's death.

The Board has decided that the clothing allowance claim cannot be processed due to missing documentation. The case is being sent back for the AOJ to reconstruct and upload all relevant records.

The Board denied the Veteran's claim for service connection for geographic atrophy, right eye, finding that there was no evidence to support a link between his current condition and his military service. The Veteran had not attended a scheduled VA examination and withdrew his claim.

The Board dismissed the appeals for service connection and compensation under 38 U.S.C. § 1151 due to the appellant's death.

The Board has decided that the clothing allowance claim cannot be processed due to missing documentation and has ordered the AOJ to reconstruct the record and upload all relevant documents.

The Board has remanded the case for an addendum opinion addressing whether the Veteran's current diagnosis of right sacroiliac joint arthralgia and arthropathy is separate and distinct from his service-connected back strain, and if so, whether it is at least as likely as not caused or aggravated by his service-connected right knee disability and/or his back disability.

The Veteran's claim for a higher rating and extension of his temporary total evaluation due to treatment for his service-connected right ankle disorder has been granted. The current rating is 40 percent, effective from the expiration of his TTE.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for her service-connected restless leg syndrome in both legs, as well as her claim for a TDIU. The Veteran currently receives a noncompensable rating for her service-connected restless leg syndrome.

The Board denied the Veteran's claim for service connection for residuals of a gunshot wound to his right foot, finding that there was no medical evidence linking the current condition to his military service.

The Veteran's bilateral hallux valgus disabilities are granted at a 30 percent rating from July 17, 2008 to January 5, 2014 and at a 50 percent rating from January 6, 2014. The Board also clarified that symptoms related to sesamoiditis can be separated from the service-connected hallux valgus.

The Board has remanded the case due to new evidence provided by the Veteran, and an addendum medical opinion is needed to determine if the Veteran's current prostate disability arose during service or is otherwise related to service.

The Board has decided to remand the claim of service connection for essential tremors due to exposure to Agent Orange during military service. The previous VA opinion was deemed inadequate as it did not address whether the condition could present more than 10 years after exposure, and the examiner should provide an adequate etiology opinion following the directions provided in the earlier Board remand.

The Board has determined that the Veteran's May 2018 substantive appeal was timely, and that his claim for service connection for a lumbar spine disorder (characterized as spina bifida) was reopened. The matter is now remanded to the RO for further adjudication on the merits.

The Board has remanded the case due to missing documentation related to the claim for payment of or reimbursement for unauthorized medical expenses incurred at Lakeland Regional Medical Center on January 25, 2013. The AOJ is required to reconstruct the record and upload all relevant documents.