Other conditions decisions — 2005

The Board finds that the veteran's right hip disability, including a displaced bone fragment and osteoarthritis, is likely due to an injury sustained during his service in Korea. Service connection for this condition is granted.

The veteran's unauthorized private medical expenses incurred from November 17, 2002 to November 23, 2002 were denied as VA facilities were not feasibly available and an attempt to use them beforehand would have been reasonable.

The appeal is being remanded to the AOJ for scheduling a hearing before a Veterans Law Judge at the RO.

The VA has granted an increased disability evaluation of 30 percent for the service-connected residuals of fracture to L-3, effective as of the date of this decision.

The veteran is seeking service connection for an esophageal reflux disorder, which he claims was caused by exposure to ionizing radiation during military service. The case has been remanded due to the need for a VA examination and further development of medical records.

The Board denied entitlement to DIC under the provisions of 38 U.S.C.A. § 1318 due to the appellant's status as a dependent parent, not a surviving spouse or child.

The Board has granted a 10 percent rating for the veteran's service-connected left fourth metatarsal condition, effective from August 21, 2004. The case was remanded due to an earlier effective date claim.

The Board denied service connection for a skin disorder of the face and groin, finding no evidence linking these conditions to service.

The Board found that the veteran's discoid lupus erythematosus did not warrant an evaluation in excess of 50 percent, as it did not meet the criteria for a higher rating based on extensive skin involvement or systemic manifestations.

The veteran's claims for service connection for arthritis of the spine, sinus disorder, and chronic throat disorder were denied. The claim for an increased evaluation for dorsal lumbar paravertebral myositis was also denied.

The Board has determined that the veteran's current skull or head injury and lytic areas of the cranium are as likely as not related to a nail puncture wound injury during service, warranting service connection.

The Board has remanded the case for additional development, including obtaining medical records and ensuring all necessary notice and development have been undertaken.

The Board found that the veteran's current psychiatric condition, diagnosed as a mood disorder secondary to his general medical conditions (including COPD and chronic pain), is not related to service. The brief psychotic episode during service was resolved and does not constitute a current disability for which service connection can be granted.

The Board found that the veteran's right elbow disability, with range of motion to 130 degrees of flexion and loss of 20 degrees of extension, does not warrant an evaluation in excess of 10 percent.

The Board denied service connection for myalgia and dyspepsia, both claimed as secondary to the veteran's service-connected hepatitis B. The disability rating for hepatitis B was also denied.

The Board has granted service connection for a chronic acquired gastrointestinal disorder, including gastritis and peptic ulcer disease, as well as entitlement to a right-sided hernia. The effective date is not specified.

The Board found that the veteran does not have a chronic acquired disorder of the left hip, and thus denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a right elbow disorder, which was previously denied due to lack of showing of permanent aggravation during service. The case is remanded for further examination and opinion.

The VA has granted service connection for the veteran's residuals of a stab wound to the abdomen and assigned a 10 percent disability rating effective October 29, 2002. The current condition is manifested by pain and tenderness in a well-healed scar over the left abdomen.

The VA denied an increased evaluation for the veteran's shell fragment wound to the left thigh involving Muscle Group XIV, currently rated at 30 percent.