Other conditions decisions — 2009

The Board found that the Veteran did not have a head injury or dental trauma during service, and thus denied his claims for service connection.

The Board has granted service connection for hallux limitus of the bilateral feet and assigned a 10 percent evaluation effective from January 11, 2006. The Veteran's symptoms include painful motion with limited range of motion in both first metatarsophalangeal joints.

The Board has denied the claim for waiver of an overpayment of DIC benefits in the amount of $11,603.00.

The Veteran's claims for increased ratings for service-connected onychomycosis of the feet, patellofemoral syndrome of the right knee, and patellofemoral syndrome of the left knee were denied. The claim for residuals of a right middle finger injury was not addressed as it is not related to service connection.

The Veteran's service-connected right elbow disability is rated at 30 percent, but the Board finds that his symptoms more nearly approximate ankylosis at a favorable angle between 90 and 70 degrees. Therefore, the claim for a higher rating to 40 percent is granted.

The Veteran withdrew his appeal of the TDIU issue prior to a decision being made.

The Board denied the appellant's claim for legal entitlement to nonservice-connected death pension benefits, finding that her husband served with the Philippine Army and did not meet the service requirements for entitlement to death pension benefits.

The case is being remanded for the VA to obtain an autopsy report and ensure a complete evidentiary record before deciding on the claim.

The Veteran's claim for service connection for residuals of a right index finger injury was denied, and the effective date assigned is November 28, 2006.

The Veteran's emergency medical treatment at Norman Regional Hospital was deemed necessary due to a grave condition, and reimbursement is granted.

Throughout the rating period, the Veteran's patellofemoral pain syndrome of the right knee was productive of complaints of pain and limited range of motion. However, his disability did not meet or approximate the criteria for a higher evaluation.

The Board denied increased disability ratings for the Veteran's service-connected peripheral atherosclerosis of both lower extremities, finding that the evidence did not meet the criteria for a higher rating.

The Veteran's current disorders of the back and bilateral hips, including degenerative changes and DJD, were not incurred in service or within one year thereafter. The Board finds that these conditions are not related to his service.

The Board has determined that the appellant's net worth is of sufficient size such that some portion of it should be consumed to defray the costs of her maintenance, and thus she does not meet the eligibility criteria for nonservice-connected death pension benefits.

The Veteran's service-connected actinic keratosis is currently manifested by asymptomatic, non-disfiguring lesions on his scalp, face, forearms, and dorsum of hands. The RO granted a compensable evaluation of 10 percent disabling for the Veteran's service-connected actinic keratosis effective August 30, 2002.

The Board has determined that the Veteran's service-connected rheumatic heart disease contributed substantially to his death from coronary artery disease, and thus grants service connection for the cause of the Veteran's death.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his death to his active duty service.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for defective right hip replacement, which failed in January 2005. The VA has not obtained all relevant treatment records from the Wade Park VAMC and must do so as they may be material to his claim.

The Veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for a staph infection resulting from VA hip replacement surgery in September 2007, and the case is being remanded to obtain additional medical records and conduct an examination.

The Board denied the appellant's claim for reopening her deceased spouse's eligibility for VA death benefits, concluding that new and material evidence had not been received to establish basic eligibility.