Other conditions decisions — 2009

The appeal is remanded for further evidentiary development to address the veteran's service-connected dysthymic disorder with psychosis and its impact on employability.

The appeal is remanded for additional development, including obtaining updated financial status reports from the veteran and appellant.

The Board denied the application to reopen a claim for service connection for the residuals of an eye injury, as new and material evidence was not received.

The veteran's back disability was not found to warrant an evaluation in excess of 10 percent, and a bilateral foot disorder was not related to service or the service-connected low back disability.

The Board remands the claim for an increased rating for the service-connected residuals, fractured condyle, left mandible for further development.

The appeal was denied as it was not factually ascertainable that the veteran's service-connected disabilities increased in severity during the one-year period prior to September 12, 2002, so as to render him unable to obtain or maintain substantially gainful employment.

The veteran's claim for service connection for insomnia, to include as secondary to claimed cervical spine and shoulder disorders, was denied because there is no competent evidence linking the current disorder to service.

The Board remands the case to obtain a VA examination and service personnel records to determine if the veteran's sleeping disorder is related to his military service.

The Board denied service connection for a left hand disability, including neurological deficit, to include as secondary to the service-connected residuals of a left wrist fracture.

The veteran's right tibial and fibular fracture residuals have been objectively shown to be manifested by no more than healed tibial and fibular shaft fractures with mild deformity, including tibial thickening and partial tibial and fibular alignment offset; right lower extremity shortening measuring between 1/2 inch and 1 3/16 inches; and right ankle stiffness and limitation of motion. The veteran's right (major) elbow fracture residuals are currently evaluated as 30 percent disabling.

The Board granted an extraschedular rating of 10 percent for the residuals of a fracture of the right second metacarpal due to marked interference with employment.

The Board denied an increased rating for the veteran's service-connected residuals of a shell fragment wound of the right thigh, but affirmed the 30 percent disability rating.

The veteran's service-connected left elbow degenerative changes were granted a rating of 30 percent, effective August 2, 2008.

The veteran withdrew his appeal regarding the claim to reopen service connection for a stomach disorder.

The veteran is not competent to handle the disbursement of VA funds due to his schizophrenia.

The veteran's claim for service connection for sickle cell disease was remanded for a VA examination to determine the nature and etiology of the condition.

The Board denied the veteran's appeal to reopen a claim for service connection for enuresis, finding that new and material evidence had not been submitted.

The veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $5,768.00 was granted due to undue hardship and against equity and good conscience.

The veteran's mother's income exceeds the monthly amount stated in 38 C.F.R. § 3.250(a)(1), and there is no evidence that she has insufficient income to provide for her reasonable maintenance.

The veteran's postoperative third toe osteotomy and fifth hammer toe of left foot has for the entire period of initial rating claim manifested constant pain located at the left plantar heel, third toe (at metacarpophalangeal joint and tip), and fifth toe (at tip). The veteran's hyperkeratosis of bilateral feet has for the entire period of initial rating claim manifested multiple calluses on the plantar feet and toes, and has required no more than topical therapy during the past 12-month period.