Other conditions decisions — 2009

The Board has granted service connection for myofascial pain syndrome including pain in the TMJ, finding that it is attributable to service.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim for service connection for residuals of an injury to the right eye. This includes obtaining complete service treatment records and conducting a VA examination.

The Board has determined that there is no legal basis for the appellant to seek an earlier effective date for the grant of service connection for the cause of the Veteran's death and eligibility to DEA. The appeal is dismissed.

The appellant withdrew his appeal regarding his basic eligibility for VA benefits based on his status as a veteran.

The Veteran's claim for service connection for residuals of an injury to the face and head, including nerve damage is denied as there are no diagnosed disabilities associated with his military service.

The Board denied the Veteran's claim for service connection for residuals of heat exhaustion, finding that there were no chronic residuals from an in-service heat injury and attributing his current symptoms to a known clinical diagnosis (GERD).

The Board has determined that the Veteran's current degenerative changes of the right middle finger originated during his military service and grants service connection for this condition. The claim for a right thumb disorder is denied.

The Veteran's service-connected left biceps and brachialis muscles disability has been rated at 10 percent prior to July 31, 2008, and increased to 20 percent effective that date. The appeal is for a higher rating.

The Veteran's back disability was initially granted with a 20 percent rating effective February 27, 2002. The RO later adjusted the effective date to February 27, 2002 and assigned a temporary 100 percent evaluation from March 25, 2003 due to surgery necessitating convalescence. A 20 percent rating was resumed beginning May 1, 2003.

The appeal has been dismissed as the appellant requested withdrawal of the appeal.

The Veteran seeks an increased evaluation for his service-connected postoperative residuals of fracture and open reduction of the right tibia and fibula. The case is being remanded to obtain a more contemporaneous VA examination.

The appellant is recognized as the Veteran's surviving spouse for VA purposes.

The Veteran's emergency medical services were provided due to a syncopal episode and subsequent cardiac arrhythmia, necessitating a defibrillator insertion. The closest VA facility was not feasibly available for this procedure, leading to the decision to keep the Veteran at the private hospital until his condition stabilized.

The Board found that the overpayment of VA educational assistance benefits in the amount of $1,766.17 was properly created and denied the appellant's appeal.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance of another person is granted due to his inability to dress or undress himself, keep himself clean and presentable, and require assistance with daily activities.

The Board has granted the appellant's claim of service connection for the cause of the Veteran's death, effective April 30, 1990. The decision is based on a new and material evidence request filed by the appellant in December 2000.

The Veteran's claim for an increased disability evaluation for his service-connected L5-S1 herniated nucleus pulposus (HNP) is being remanded due to the need for a current VA examination and additional evidence.

The Board has granted service connection for the Veteran's bilateral foot disorder, finding that it is related to his active duty service.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses was denied because he did not file his claim within the required 90-day period.

The Board has restored a 40 percent disability rating for the Veteran's service-connected amputation, right second toe due to osteomyelitis with hallux valgus, right foot. The Veteran's condition was found to have improved beyond the point where his disability could be equally well served by an amputation stump prosthesis.