Other conditions decisions — 2010

The Board has ordered a remand to address the etiology of the Veteran's bronchitic asthma and determine if it is related to his first or second period of active duty service.

The Veteran's claim for an earlier effective date for the grant of TDIU is being remanded to allow VA's Director of Compensation and Pension to consider it under 38 C.F.R. § 4.16(b).

The Veteran's left shoulder disability, characterized by non-union of the distal end of the clavicle, does not meet the criteria for a higher rating as it does not involve limitation of motion at shoulder level or midway between side and shoulder level. The current 10 percent rating remains appropriate.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to determine the nature and etiology of any lower extremity disorders.

The Board has determined that the appellant is eligible for reimbursement of unauthorized medical expenses incurred on May 2 to 3, 2005 and August 5 to 9, 2005 due to emergency care provided at non-VA facilities. The treatment was deemed necessary as it related to a service-connected disability (in this case, the appellant's kidney stones) or an associated aggravating condition.

The Veteran's appeal for service connection for loss of eyesight has been withdrawn, resulting in the dismissal of the appeal.

The Board found no evidence of a current right elbow disability and denied the Veteran's claim for service connection.

The Board denied the Veteran's claim for an increased evaluation for her service-connected left patellar dislocation, finding that her disability did not meet or approximate the criteria for a higher rating.

The Veteran's appeal for a higher rating for his service-connected gunshot wound to the right chest with compensatory scoliosis of the thoracic spine was denied. The Board found that the evidence did not support a rating in excess of 30 percent.

The Veteran's skin condition, affecting 4% of his total body surface area with minimal disfigurement, does not warrant a compensable disability rating.

The Board has reopened the veteran's claim of entitlement to service connection for bilateral pes cavus, but denied it on the merits. The issue of whether new and material evidence was submitted to reopen the claim of entitlement to service connection for a bilateral knee disorder is still pending.

The Board has determined that the Veteran's service-connected residuals of a nose fracture disability is currently rated at the maximum schedular rating available under Diagnostic Code 6502, and thus no higher evaluation can be granted. The evidence does not support an increase in this rating.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications related to VA heart surgery in March 2001, but the issue has been remanded due to concerns about informed consent.

The Board has determined that the Veteran's claim for reopening his dental condition service connection is denied as no new and material evidence was received.

The Board has determined that the Veteran's complaints of joint pain in service, including wrists, ankles, and big toes, are indicative of gout. Resolving reasonable doubt in favor of the Veteran, the Board grants service connection for gout manifesting multiple joint pain.

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's claim for service connection for memory loss and possible dementia was denied as he does not have a currently diagnosed disability.

The Board has determined that the Veteran does not have any current residuals of a perforated left ear drum and therefore service connection for this condition cannot be granted.

The Veteran's diagnosed carcinoma of the larynx was not linked to his military service, including any potential herbicide exposure. The Board found no evidence supporting a connection between the Veteran's current condition and his time in service.