Other conditions decisions — 2007

The Board has determined that the veteran's current gastrointestinal disorder did not have its onset during active service and is not related to any in-service disease or injury. As a result, the claim for service connection for gastrointestinal disorder is denied.

The veteran's service-connected right foot hammertoes and associated nerve damage do not warrant evaluations in excess of the current ratings.

The veteran's service-connected right knee disability, characterized by chondromalacia patella, meniscal tears, and instability, was rated at 20 percent from November 12, 2002, to April 16, 2003, and from July 1, 2003, to August 17, 2003. The RO denied an increased rating for this period.

The Board has ordered the case remanded for additional development, including providing notice to the appellant regarding what evidence would be necessary to substantiate her claim of new and material evidence.

The VA denied an increased evaluation for the veteran's left shoulder rotator cuff tear, as his condition is currently rated at 20 percent.

The veteran's case was dismissed because he did not file a timely substantive appeal regarding the issue of an increased rating for tension type cephalgia.

The veteran's seborrhea was rated at 10% prior to August 30, 2002 and at 30% thereafter. The Board found that the evidence did not support a higher rating under either the old or new criteria.

The Board has determined that new and material evidence has been submitted to warrant reopening the veteran's claim for service connection for bilateral ear disability on other than an Agent Orange basis. The case is now remanded for further development, including a VA examination.

The Board has determined that the veteran does not currently have a diagnosed pulmonary disability, and thus service connection for this condition is denied.

The Board has determined that a VA examination is necessary to address the nature and etiology of the veteran's claimed PTSD condition. The case is REMANDED for further development.

The Board has granted service connection for dysthymic disorder as secondary to the service-connected right ankle disability and assigned a 30 percent rating.

The Board has determined that the veteran's service-connected chronic active gastritis with intermittent bile reflux, status post hemigastrectomy and Billroth II warrants a disability rating of 60 percent, as this is the highest schedular rating available for his condition.

The veteran's daughter seeks accrued benefits based on unreimbursed medical expenses, but the claim was denied as she did not provide proof of payment.

The Board has remanded the case to the RO for additional development and consideration of the veteran's claims for service connection for residuals of frozen feet and bilateral leg injuries. The veteran is entitled to a hearing before RO personnel or an explanation as to why he is not entitled to another hearing.

The VA denied an initial disability rating in excess of 10 percent for the veteran's service-connected postoperative residuals of a right tibia fracture prior to May 19, 2004. As of May 19, 2004, the VA granted a 20 percent disability rating.

The Board has ordered the case to be remanded for additional development, including scheduling a hearing before a Member of the Board at the Manila RO. The appeal will not be resolved until this is done.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for recognition of his daughter, M.T.R., as a helpless child. The evidence shows that she was permanently incapable of self-support by reason of physical defects prior to age 18 due to polio.

The veteran's request for an increased rating for his service-connected myositis ossificans with an osteochondroma of the right hip is being remanded due to a lack of recent medical records and updated VCAA notice.

The Board has granted a 30 percent evaluation for the service-connected left foot disorder, which is more severe than the previously assigned 20 percent rating.

The veteran's service-connected hip disabilities are currently rated at 10 percent each, and the evidence does not support a higher rating.