Other conditions decisions — 2020

The Board has decided to remand the case due to insufficient information from previous examinations, and a new examination is needed to properly evaluate the Veteran's pulmonary disorders.

The Veteran's claim for a higher rating for right thigh residuals rated under DC 5252 (previously rated under DC 5023 myositis ossificans) is denied as the evidence does not show limitation of flexion to at least 21-30 degrees.,The Veteran's claim for an initial rating of 10 percent for right thigh residuals rated under DC 5253 (previously rated under DC 5023) is denied as the evidence does not show limitation of rotation more than 15 degrees or inability to cross legs.,The Veteran's claim for an initial rating of 10 percent for right thigh rated under DC 5251 (previously rated under DC 5023) is denied as the evidence does not show limitation of extension to at least 5 degrees.

The Veteran's bilateral knee disability, including degenerative joint disease and instability, is currently rated at 30% for each knee since January 30, 2013. The effective date of this rating is set to January 30, 2013.

The Board has remanded the cases for further development and consideration, including obtaining a medical opinion regarding the onset date of the Veteran's service-connected mood disorder.

The Veteran's metastatic adenocarcinoma of the stomach is granted as service-connected due to exposure to herbicide agents (Agent Orange) during his Vietnam War service.,The cause of the Veteran's death, metastatic gastric carcinoma, is also granted as service-connected due to exposure to herbicide agents (Agent Orange).

The Board has determined that the Veteran's file is missing and cannot be located, which prevents a decision on his claim for reimbursement of medical expenses. The case is being remanded to attempt to locate and reconstruct the missing records.

The Board has decided to remand the Veteran's claim for a neck condition due to inadequate examination and opinion regarding service connection. The case will be returned for further development.

The Veteran's hammer toe disability is remanded for further examination and opinion to determine if it is related to service.

The Board denied the Veteran's claim for service connection for vulvovaginitis, finding that it is not related to her service-connected hysterectomy and does not otherwise relate to an in-service injury or disease.

The Board has denied the Veteran's claims for service connection for residuals of dental trauma, to include missing teeth, both for compensation purposes and outpatient dental treatment due to his already being in receipt of a total disability rating based upon individual unemployability.

The Board has remanded the case due to incomplete development of records and the need for a VA medical opinion regarding stabilization.

The Board dismissed the appeal as service connection for a dental disability for treatment purposes was granted, and there is no remaining issue to be considered.

The Board denied an extraschedular evaluation for the Veteran's left hip disability, finding that the rating schedule adequately contemplates his level of disability and symptomatology.

The Veteran's service connection claim for residuals of strep throat, including cardiac enlargement, is denied as there is no evidence linking his current disability to the infection in service.

The Board denied the Veteran's claim for service connection for dental disorder, including extraction of malposed teeth number 7 and 13, and extraction of impacted tooth number 8, due to a lack of evidence showing loss of maxilla or mandible bones resulting from trauma or disease during service.

The appellant's appeal for additional VA survivor's pension benefits for calendar year 2016 was denied because the surviving spouse received the maximum rate of benefit, and filing a Medical Expense Report (MER) would not result in an increase in benefits.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's spasmodic dysphonia existed prior to service and was aggravated by service. The claim will be reviewed again with proper legal standards applied.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of Chapter 33 (Post 9/11 GI Bill) benefits in the amount of $2,690.00 due to fault on his part and lack of undue hardship.

The Veteran's claim for an earlier effective date for service connection of mood disorder not otherwise specified was denied. The Board found that the March 1968 decision denying service connection and the May 1968 rating decision denying reopening were final, as was the March 2008 remand which did not address whether the Veteran's claim should be reopened based on a new diagnosis of mood disorder.

The Veteran's service-connected nephrolithiasis is currently rated at 30 percent, the maximum allowed under VA rating criteria. The Board finds that an extraschedular rating is not warranted due to the Veteran's current symptoms and treatment being reasonably contemplated by the existing rating criteria.