Other conditions decisions — 2009

The Veteran's fracture of the left mandible, which has healed with residual malocclusion, is currently rated at 10 percent. The Board found that this rating was appropriate given the moderate displacement and masticatory difficulty.

The Veteran's service-connected right foot fracture is not shown to meet the criteria for a compensable disability rating.

The Board found that the Veteran's hammertoe deformity of both feet did not have its clinical onset in service or was related to any event or incident of active service. The service-connected bilateral pes planus with calluses is also not shown to have caused or aggravated the hammertoe deformity. The Veteran underwent surgery for her foot condition, but this did not involve treatment for a service-connected disability.

The Board found that the Veteran's RPE pigment disruption was not incurred or aggravated during service and denied his claim.

The Veteran's service-connected skin disease amounts to at least 20 percent of the entire body affected, qualifying for a disability rating of 30 percent.

The Board found that the Veteran's bilateral knee disability was present prior to service and not aggravated by service. As a result, the claim for service connection is denied.

The Veteran was granted service connection for achalasia, but the effective date remains unresolved as it is not clear if the claim was originally filed before or after his separation from military service.

The Veteran's appeal is being remanded for further development of his claims, including obtaining post-service treatment records from the Air Force Academy and scheduling a VA examination to determine the nature and etiology of any current disabilities manifested by chest wall pain and/or pleuritis.

The Veteran's back disability, characterized by compression fracture of T12, has not met the criteria for a higher rating than 30 percent under VA regulations.

The Veteran's claim for service connection for a skin condition is being remanded due to the unavailability of his service treatment records and the need for additional medical examination.

The Board denied the appellant's claim for DEA benefits beyond July 21, 2002, finding that her eligibility ended on that date due to a lack of statutory or regulatory provision allowing an extension based on her own disability.

The Board has determined that the VAMC's decision denying the Veteran's claim under 38 U.S.C.A. § 1728 should be reconsidered and remanded for further action under 38 U.S.C.A. § 1725.

The Board has remanded the case for further development, including issuing a Statement of the Case on all issues and scheduling VA examinations.

The Veteran's bilateral otitis externa is rated at 10 percent, the maximum available under Diagnostic Code 6210. The appeal has been denied.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA neurological examination to assess the current level of impairment due to her service-connected brain syndrome.

The appellant's spouse did not have active service during a period of war, thus the appellant is not eligible for nonservice-connected death pension benefits.

The Veteran's claim for non-service-connected disability pension benefits was denied as he did not have the requisite wartime service to be eligible.

The Veteran's TDIU claim was granted effective January 7, 1997. The Board found that the earlier date of January 7, 1996 is correct for the grant of TDIU due to the fact that the Veteran met the necessary criteria for entitlement to TDIU from this date.

The Veteran's service with the Recognized Guerrilla Service from March 1945 to November 1945 was verified. However, as this type of service does not qualify for nonservice-connected death pension benefits, the claim is denied.

The Veteran's TDIU claim is being remanded due to the need for a current examination of his service-connected right hand dystrophy and its impact on his employment.