In other words, even though pre-2003 regulations did not define normal range of motion for the spine, the current definition is based on medical guidelines in existence since 1984, and the Board can consider the current ranges of motion to rating spine disabilities under the old criteria.
Additionally, in February 2013 the Board dismissed the Veteran's claim for entitlement to a disability rating in excess of 50 percent for PTSD with bipolar disorder on and after October 7, 1999, pursuant to the Veteran's request to withdraw that part of the issue on appeal.
The Veteran appealed that decision, and the United States Court of Appeals for Veterans Claims (Court) issued a January 2005 Order vacating the May 2002 Board decision and requiring the Board to remand the case for additional development.This claim must be afforded expeditious treatment.
http://www.va.gov/vetapp16/Files5/1639925.txt VIEWERROR IDOLPROXYVIEW-2147483040, 0x80000260, Connection refused, ERROR, 11 Nov 16 09:00:10
Entitlement to service connection for a skin disorder, claimed as due to a qualifying chronic disability to include undiagnosed illness and chronic multi-symptom illness. Additionally, review of VA treatment records show continuous treatment for hypertension, which is now controlled.
, This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 1995 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri.In March 2015, the Board again remanded this case for further development.
This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 1995 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri.In March 2015, the Board again remanded this case for further development.
As the relevant period for the Veteran's claim of entitlement to a TDIU is prior to September 12, 2000, his service-connected disabilities have not met the percentage rating standards for a schedular TDIU throughout the course of this appeal. There was no evidence of suicidal ideations.
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spreading with vesicles. If it is determined that the Veteran was exposed to depleted uranium, the examiner must opine whether it is at least as likely as not (50 percent or greater probability) that herpes zoster is the result of exposure to depleted uranium in service.
Appellant represented by: Mark Lippman, Esq. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.
The Veteran seeks service connection for a left foot disability. At that time, the Veteran reported that in basic training he required two different pairs of shoes to help alleviate foot pain and recalled being treated in service for swollen Achilles tendon for which he received steroid therapy.
Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to July 18, 2015. The examiner stated the Veteran's bronchitis would affect physical employment, but had no effect on sedentary work.
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See Kitchens, supra. These examination findings are corroborated by a May 2014 examination, in which the Veteran denied having an upper respiratory infection, pharyngitis, or sore throat over at least [the previous] year. As such, a disability rating under Diagnostic Code 6516 is not warranted.
Entitlement to service connection for atrial fibrillation, as secondary to MDS.Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal at this time. As a matter of law, appellants' claims do not survive their deaths.Department of Veterans Affairs
Although the Veteran reported that he believes hearing loss began while in service, he also reported that he has had the disability for 20 years, so approximately three decades after separation from service. The record notes that the Veteran has decreased hearing and tinnitus.
Entitlement to service connection for posttraumatic stress disorder (PTSD). Based on the foregoing, the Board finds that the evidence is at least in equipoise regarding whether the Veteran has a current diagnosis of PTSD related to his claimed in-service combat stressors.
However, for initial rating claims, where entitlement to disability benefits has been granted and initial ratings have been assigned, the original claims have been more than substantiated, as they have been proven, thereby rendering 38 U.S.C.A. See Fagan v. Shinseki, 573 F.3d 1282 (Fed.
