Other conditions decisions — 2010

The Board found no evidence of a current right or left hip disability and denied the Veteran's claims for service connection.

The Veteran's left foot disability is rated at the highest possible schedular level of 30 percent, which is higher than the initially assigned 20 percent rating. The decision grants a higher rating for his left foot disability.

The Board denied the Veteran's attempt to reopen his claim for service connection for left hip degenerative joint disease, finding that new and material evidence had not been submitted.

The Veteran's claims for service connection for degenerative joint disease of the hips and inflammatory arthritis are being remanded due to the need for additional development, including obtaining VA medical records from 1996 and relevant service personnel records. A VA examination is also required to determine if his current conditions may be related to exposure to cold during service in Korea.

The Veteran's right shoulder disability, specifically acromioclavicular arthritis, has been rated at 20 percent since July 10, 2006. The Board is vacating the initial rating decision and will reassess the claim with consideration of all evidence.

The Board has granted service connection for chronic costochondritis, left chest wound and residuals of cold injury to the extremities, to include Raynaud's Syndrome. Service connection was denied for joint pain other than right hip and chest pain.

The Board has remanded the case for further development, including verification of active service and a VA examination to determine if the Veteran's current foot problems are related to military service.

The Veteran seeks service connection for a right hand and arm disability, which he claims is related to boxing during military service. The Board has remanded the case due to incomplete records and need for further examination.

The Board has granted an effective date of February 14, 2004 for the Veteran's entitlement to a permanent and total disability rating for pension purposes. The claim for special monthly pension based on aid and attendance or housebound criteria was also granted.

The Board has remanded the case due to incomplete documentation and requests for additional information. The appellant seeks service connection for the cause of her husband's death, but the claim is being held pending further development.

The Veteran's left upper extremity neurological disability is currently rated at 20 percent, and the Board finds no basis for a higher rating. The claims for service connection of BPH, erectile dysfunction, hypertension, and an innocently acquired psychiatric disorder are denied as they do not meet the criteria for service connection.

The Veteran's service-connected lateral epicondylitis of the right and left elbows are currently rated at 10% each, effective January 2006.

The Veteran's claim for a higher rating for paralysis of the right long thoracic nerve was denied as his current symptoms do not warrant an increased evaluation.

The Veteran withdrew his appeals for service connection of mitral valve prolapse and atrial fibrillation.

The Veteran's right shoulder disability, characterized by incomplete rupture of the pectoralis major, rotator cuff tear, subacromial impingement, and biceps tendinosis with degenerative changes, is currently rated at 20 percent. The March 2009 VA joints examination found forward flexion to be 0 to 90 degrees, abduction to 60 degrees, and external rotation to 10 degrees. This warrants a higher rating of 30 percent.

The Veteran's TDIU entitlement was reinstated as of August 1, 2006. The Board found that the evidence was in relative equipoise regarding the timeliness of the Veteran's response to the RO's request for updated information regarding his employment status.

The Veteran's claim for service connection for bilateral hammer toe and foot disorder is being remanded due to the need for an examination to determine if his pre-existing condition was aggravated by service.

The Board found that the overpayment was validly created due to the Veteran's failure to notify VA of his divorce in a timely manner. The Board concluded that the Veteran bore primary fault for the creation of the debt and denied the request for waiver of recovery.

The Board denied the Veteran's application to reopen his previously denied claim of entitlement to service connection for osteomyelitis, right frontal sinus region. The evidence submitted since the August 1970 rating decision was not considered new and material.

The Veteran's appeal is remanded due to a need for additional development, including obtaining VA medical records and arranging for a new VA examination.