Other conditions decisions — 2010

The Board has reopened the Veteran's claim for service connection for residuals of a head injury, and finds that new and material evidence has been received. The claim is now considered on its merits.

The Veteran's death was caused by a service-connected disability, and the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1318 is moot due to granting of service connection for the cause of the Veteran's death.

The Veteran's current hallux rigidus of the right great toe and second metatarsal is productive of pain, extremely restricted motion of the great toe with pain, mild degenerative joint disease, hypersensitivity to light touch, mild swelling, an abnormal callus along the lateral plantar aspect of the foot, tenderness to palpation, erythematous right great toe, abnormal weight bearing, no pull through of flexor hallucis longus or extensor hallucis longus of the great toe, abnormal foot posture in standing and an antalgic gait. The disability warrants a 20 percent rating.

The Veteran contends that his current heart condition, which required aortic valve replacement, was aggravated by military service. The Board finds that VA has not met its obligation to assist in obtaining all relevant records and remands the case for further development.

The Board has granted service connection for a left rotator cuff disability and found that the Veteran's current shoulder disability is related to his injury during active service. The issue of an increased rating for residuals of a laceration of the left ring finger remains on appeal.

The Veteran's treatment was not considered an emergency, and therefore, reimbursement for the unauthorized private medical expenses is denied.

The Veteran's appeal is being remanded due to questions regarding his dental condition and the evaluation for his migraine headaches and chronic daily headaches. The case will be reviewed again with consideration of new evidence, including a VA examination.

The Board found that the Veteran's residuals from treatment for anal carcinoma were not caused by VA carelessness, negligence, or similar instance of fault. Therefore, her claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Veteran's claim for an increased evaluation of his scars, status post pilonidal cyst removal was denied. The Board found that the current level of disability did not warrant a higher rating under any applicable diagnostic codes. The issue of service connection for a back condition secondary to his service-connected residuals of gunshot wound of the right buttocks was also denied.

The Veteran's appeal was dismissed due to his death.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of current diagnoses or a link to service.

The Board has determined that the Veteran's service connection claim for residuals of hiatal hernia repairs is granted as her inservice hiatal hernia repairs are found to have resulted in current disabilities.

The appeal has been dismissed as the appellant withdrew their appeal through their authorized representative.

The Board has remanded the case for further development due to a lack of a VA examination and insufficient evidence regarding the etiology of the Veteran's cold injury residuals.

The Court has found the appellant is entitled to accrued benefits for dependents compensation at the TDIU rate for a period of two years prior to the Veteran's death. The Board grants accrued benefits based on this finding.

The Board has remanded the case for compliance with VA's duty to assist, including requesting the Veteran's service personnel records and verifying his alleged exposure to Agent Orange in Thailand.

The Veteran is seeking reimbursement for travel expenses related to his vocational rehabilitation, including lodging and meals. The RO has not provided a summary of the applicable laws and regulations in the statement of the case.

The Veteran's claims of entitlement to service connection for right great toe arthritis and compensation benefits under 38 U.S.C.A. § 1151 for left sided abdominal/flank pain due to VA medical treatment are being remanded for additional development.

The Board found that the Veteran's bilateral pes cavus did not have its onset during active military duty and is not otherwise related to her service. Therefore, she was denied service connection for this condition.

The Board has determined that the Veteran's bilateral hammertoe disability is at least as likely as not causally related to service, and thus grants service connection for this condition.