Other conditions decisions — 2008

The Board has determined that the veteran's service-connected residuals of laceration of the left thumb, ring, and index fingers should continue to be rated under Diagnostic Code 8515 (analogous to mild incomplete paralysis of the median nerve) at a 10 percent disability rating. Additionally, the Board has found that the veteran is entitled to a separate 10 percent disability rating for limitation of motion of the left index finger that more nearly approximates ankylosis under Diagnostic Code 5225.

The Board has ordered the case to be remanded for additional development, including obtaining an examination report and considering whether new and material evidence has been submitted to reopen the claim.

The Board denied the veteran's claim for an earlier effective date for service connection of right superior oblique palsy with head tilt, finding that October 29, 2001 was the earliest effective date assignable.

The Board denied the veteran's request for an extension of his educational assistance benefits beyond December 16, 2005, finding that he had exhausted his entitlement to benefits by September 8, 2005.

The VA denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility from December 4, 2004 to December 9, 2004. The services were not rendered in an emergency situation and no VA facility was feasibly available.

The veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected spondylolisthesis L5-S1 with spondylosis and whether any current right or left foot disability is related to service or the service-connected low back disorder.

The Board has ordered the case to be remanded again due to incomplete documentation and lack of clarification on whether the veteran desires a hearing before the Board. The Director, Compensation and Pension Service must review all evidence received since the September 2003 SOC and readjudicate the issue.

The Board of Veterans' Appeals (Board) has determined that the veteran's claim for payment or reimbursement for unauthorized medical expenses incurred at Riverside Methodist Hospital was denied because it was feasible to transfer him from Southeastern Ohio Regional Medical Center to a VA medical facility, and such transfer would not have been unreasonable or impractical.

The veteran's appeal is being remanded for additional development of his medical records and consideration of the Hart v. Mansfield case.

The Board has remanded the case due to incomplete medical records and a need for proper VCAA notice.

The Board found that the veteran's service-connected conditions did not cause or contribute substantially to his death due to end stage dementia. As a result, burial benefits based on service connection for the cause of death were denied.

The veteran's thoracic kyphosis with degenerative joint disease is rated at 20 percent effective September 26, 2003. The appeal for TDIU remains pending.

The veteran's appeal is being remanded for additional development, including a new VA examination during a flare-up of his right elbow symptoms and obtaining service medical records.

The Board denied the appellant's claim for nonservice-connected disability pension because his service did not establish him as a veteran for VA purposes.

The Board dismissed the veteran's claim due to his failure to file a timely appeal, as he filed his substantive appeal over one year after the initial decision and within 60 days of receiving the Statement of the Case (SOC).

The Board has determined that the veteran's hiatal hernia with accompanying reflux is not related to his military service and therefore denied the claim.

The Board denied an evaluation in excess of 20 percent for residuals of left tibia/fibula fractures, finding that the veteran's symptoms more nearly approximated a severe rather than slight or moderate level.

The veteran's total abdominal hysterectomy is currently rated at 30 percent, effective October 30, 2001. The Board found that a higher rating is not warranted as the current rating already accounts for the removal of both the uterus and cervix.

The veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his right hand disability. The claim for higher initial evaluation for bilateral hearing loss will be remanded as well.

The Board has reopened the veteran's claim for service connection for scoliosis with back pain and granted it, finding that there is sufficient evidence to establish a link between the current disability and service.