Other conditions decisions — 2010

The Veteran's appeal is remanded due to the need for a VA examination to determine if his current right elbow condition is related to service. The issue of entitlement to service connection remains on appeal.

The Board has determined that the Veteran's need for VA dental treatment for tooth #8 is granted, as her service records are consistent with her testimony of trauma to the tooth during service.

The Board denied the Veteran's claim for an initial rating in excess of 20 percent for spondylolisthesis, finding that the evidence did not show forward flexion of the thoracolumbar spine to be 30 degrees or less, which is required for a higher rating under the applicable VA Rating Schedule.

The Veteran's spouse is seeking an increase in the apportionment of his VA compensation benefits. The RO/AMC has not followed all contested claims procedures and needs to ensure that these procedures are completed before making a decision.

The Board has remanded the case due to the need for additional development, including obtaining medical records and providing VA examinations to assess the Veteran's lower extremity disorders, skin condition, and PTSD.

The Board has requested an independent medical expert's opinion and is remanding the case for further consideration of the claim, including any new evidence submitted by the appellant.

The Veteran's residuals of a phalangectomy to the fourth toe of the right foot are rated at 20 percent, which is higher than the current rating. The disability involves moderate impairment due to pain and limited motion.

The Board found that the Veteran's service-connected laceration of palmar surface, left thumb is not entitled to a higher rating prior to April 11, 2008 and beginning April 11, 2008. The Veteran was assigned a noncompensable disability rating for his scar prior to April 11, 2008 and a 10 percent disability rating thereafter.

The Veteran's coccidioidomycosis is currently inactive and asymptomatic, warranting a noncompensable disability rating.

The Veteran's wife (the appellant) disagrees with the amount of apportionment of his VA disability benefits to her, which was granted in the amount of $65.00 a month. The case is being remanded for further action including scheduling a Board hearing.

The Veteran's service-connected squamous cell carcinoma of the oropharynx has resulted in an absence of a sense of taste since December 1, 2003. The Board granted an initial 10 percent rating for this condition.

The Board denied the Veteran's claims for service connection for right nephrectomy and a compensable rating for bilateral hearing loss, finding that his hearing loss did not warrant a higher disability evaluation.

The Veteran's death was not due to a service-connected disability, and the appellant did not submit her claim for burial benefits within two years of the Veteran's burial. Therefore, she is denied nonservice-connected burial benefits.

The Board denied the appellant's claim for reinstatement of death pension benefits as a remarried widow, finding that she is not entitled to such benefits due to her remarriage and subsequent divorce. The appeal was dismissed.

The Veteran's appeal is remanded due to inconsistencies in the July 2008 VA examination report and unaddressed contentions. Another examination is necessary, along with updating the claims file with recent treatment records.

The Veteran's claim for a higher rating for his service-connected compression fracture of the thoracic spine is being remanded due to the need for additional VA medical records and further development.

The Veteran's claim for additional compensation based on the need for aid and attendance of his spouse was denied as there is no ongoing need for such assistance at the time of his claim, and he had not previously filed a claim for this benefit.

The Veteran's claim for a higher evaluation for his service-connected right knee chondromalacia patella was granted, with a rating of 20 percent effective March 29, 2003. The decision also noted the presence of a tear in the posterior horn of the medial meniscus.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of the Veteran's cardiovascular system disability.

The Veteran's adenocarcinoma of the colon was not caused by VA medical care, and thus compensation under 38 U.S.C.A. § 1151 is denied.