Other conditions decisions — 2009

The Board has denied service connection for status post right and left hip strains. The Veteran's claim for a higher initial rating for punctate keratitis of the right eye, with dry eye syndrome, is granted at a 10% disability rating.

The appellant seeks an extension of the delimiting date for her educational assistance benefits under Chapter 35, Title 38, United States Code. The appeal is being remanded due to a lack of information regarding the effective date and military service of her father's permanent and total disability rating.

The Board denied the Veteran's claim for service connection for a left elbow disability, finding that it was not secondary to her service-connected left wrist disability.

The Board denied the Veteran's claim as new and material evidence was not submitted to reopen a claim for service connection for aggravation of congenital hemangioma resulting in right foot amputation.

The Board has remanded the case for further development and review, including obtaining medical opinions regarding the cause of the Veteran's death.

The Veteran's muscle injury, right lateral rib and iliac crest region, is rated at 30 percent disabling. The Board found that the criteria for a higher rating have not been met.

The Veteran's pleural plaques and multiple areas of pleural thickening with associated calcification are related to in-service asbestos exposure, and the Board grants service connection for these conditions.

The Veteran's claim for service connection for residuals of a left ring finger injury is denied as there is no evidence of current disability or in-service event, injury, or disease. The Veteran's claim for an initial evaluation in excess of 10 percent for bilateral flat feet is also denied due to lack of competent medical evidence showing such a disability exists.

The Board found that there was no credible evidence of an in-service injury to the Veteran's two front teeth, and thus denied service connection for residuals of dental trauma.

The Veteran's right hand disability, including trigger finger and damaged nerves, is found to be related to his military service.

The Board found that the appellant does not have a current diagnosis of residuals of a head injury and denied her claim for service connection.

The Board found no evidence linking the Veteran's thoracic spine disability, including arthritis and degenerative disc disease, to his service or any incident therein. The preponderance of medical evidence did not support a finding that his service-connected low back strain caused or aggravated his current thoracic spine condition.

The Board has ordered a remand to obtain additional medical records that may support the Veteran's claim for service connection for his thoracic spine injury.

The Veteran's claim for a higher rating for his service-connected herniated nucleus pulposus at L-5 was granted, with the effective date set to January 1, 2003.

The Board denied an extraschedular rating for the Veteran's left foot condition and a TDIU on an extraschedular basis, finding that the schedular ratings adequately reflected his disability.

The Veteran's cold injury residuals of the bilateral hands were not manifested by bilateral hand involvement with loss of fingers or parts, and persistent severe symptoms during the period from July 12, 1991 to January 11, 1998. Therefore, an initial rating in excess of 30 percent for this time period is denied.

The Veteran's unauthorized medical treatment at St. Joseph's Mercy Health Center from January 24, 2005 through February 14, 2005 is now covered by VA benefits.

The Board denied the Veteran's request for waiver of overpayment of VA educational assistance benefits due to his fault in creating the debt, and found that recovery would not violate principles of equity and good conscience.

The Board has granted service connection for the Veteran's lung disorder, finding that it is likely as not to have had its clinical onset during his period of active duty. The Veteran also received a grant for TDIU based on his lung disability.

The Veteran's appeal is being remanded for further development, including obtaining VA medical records and arranging for an examination to determine if his recurrent ear infections are related to service-connected pansinusitis.