Other conditions decisions — 2010

The appellant's claim for an apportionment of her spouse's VA pension benefits was denied as the parties were separated and there was no evidence of need.

The Veteran's left ulna disability causes pain and minimally decreases range of motion, but does not warrant a higher rating as his symptoms are already addressed by the current 10% evaluation.

The Board has granted service connection for the Veteran's residuals of an injury to the fourth finger of the left hand, finding that the evidence is in relative equipoise and thus granting the benefit of the doubt to the Veteran.

The Board found that the evidence submitted since the September 2005 rating decision does not raise a reasonable possibility of substantiating the claim for service connection for right great toenail evulsion, and thus denied reopening of the claim.

The Veteran's claim for an effective date prior to May 14, 1993 for a grant of service connection for schizoaffective disorder is denied as there was no prior claim filed.

The Board denied the Veteran's claim for service connection for left eye conjunctivitis and chalazion, finding that new evidence did not relate to unestablished facts necessary to substantiate the claim.

The Veteran is entitled to payment or reimbursement for the cost of medical treatment provided on April 3rd and 4th, 2008, at Florida Hospital Fish Memorial in Orange City, Florida, due to an emergency condition.

The Board has determined that additional examinations are needed to determine the etiology of the Veteran's current prostate, left leg, bladder, and lung disabilities. The Veteran is seeking service connection for these conditions.

The Veteran's appeal for special monthly compensation (SMC) on the basis of need for regular aid and attendance or being housebound has been dismissed due to his death.

The Veteran's claims for arthritis of the left hand, left leg injury, and left foot injury were denied as there is no evidence to support a nexus between these conditions and service.

The Veteran's claim for a waiver of the recovery of an overpayment of $45,756.00 in VA nonservice-connected pension benefits is being remanded due to incomplete records and need for updated financial status information.

The Veteran's claim for service connection for a left hip disorder, including his total left hip replacement, is being remanded due to the need for additional development and consideration of new evidence.

The Board denied the appellant's motion to reopen her claim of entitlement to service connection for the cause of the Veteran's death, finding that new and material evidence had not been received sufficient to reopen the claim. The Board also noted that the Veteran's death was due to his own willful misconduct.

The VA examiner concluded that the Veteran's right arm disorders are not related to his active service, and there is no evidence linking them to a pre-existing condition. The claim for service connection was denied.

The Board has determined that the Veteran's DVT and PTE residuals are not service-connected, as there is no evidence of chronicity in service or a relationship to any aspect thereof. The VA examiner found no connection between the Veteran's in-service chest pains and his current conditions.

The Board has determined that the Veteran's left arm disability resulted from an injury sustained during service and granted his claim for service connection.

The Board found that the Veteran's character of discharge was not a bar to VA benefits due to compelling circumstances, including his PTSD symptoms resulting from traumatic events during service.

The Veteran's service-connected post concussion syndrome has resulted in multi-infarct dementia, which is manifested by total occupational and social impairment due to symptoms such as memory loss, impaired thought processes, and inability to perform activities of daily living. This more nearly approximates the criteria for a 100 percent evaluation.

The Board has denied the Veteran's claim for service connection for scoliosis of the back, finding that there is no current diagnosis and that his previous diagnoses (degenerative arthritis and low back pain) are not related to his active service.

The Board found that the Veteran's adenocarcinoma of the esophagus was not incurred in or aggravated by service and did not contribute substantially or materially to his death. The claim for service connection for cause of death was denied.