Other conditions decisions — 2010

The Veteran's claim for increased ratings for residuals of bilateral femur fractures is denied as the evidence does not show malunion, fracture with nonunion without loose motion and weightbearing preserved with aid of brace, or severe recurrent subluxation or lateral instability of either knee.

The Veteran is seeking payment or reimbursement for unauthorized medical expenses incurred at St. Francis Hospital Bartlett from November 15, 2008, through November 18, 2008. The VA Medical Center denied the claim but has now remanded it due to incomplete records and need for additional opinions regarding transferability.

The Board found that the decedent did not have recognized service to establish basic eligibility for VA benefits, and thus denied the claim.

The Veteran's service-connected right knee disabilities have been evaluated as noncompensably disabling. The Board found that the criteria for a schedular rating in excess of 20 percent for post-operative patellofemoral syndrome and a schedular rating in excess of 10 percent for arthritis of the right knee have not been met.

The Board found that the Veteran's residuals of a gunshot wound to the left lower extremity were not permanently aggravated by his military service and denied the claim.

The Veteran's claim for service connection for a skin and nail disorder, to include as secondary to herbicide exposure, is being remanded due to the need for further development.

The Veteran's service-connected respiratory disorder is rated at 60 percent effective August 15, 2005. The claim for an increased rating prior to that date has been denied.

The Board found that the cause of death, Congestive Heart Failure and Nonischemic Cardiomyopathy, was not related to service or a service-connected condition. The Veteran's service-connected conditions did not contribute substantially or materially to his death.

The Veteran's service-connected hallux valgus of the left foot is currently rated at 10 percent, and his residuals of a gunshot wound with non-united fractures are also rated at 30 percent. The claims for increased ratings have been denied.

The Board found that the Veteran does not have a current diagnosis of urticaria or any cold injury residuals, and thus denied service connection for residuals of cold exposure.

The Veteran's claims for secondary compensation, service connection, and TDIU have been granted. The rating for residuals of a splenectomy remains at 20 percent.

The Veteran's claim for an increased disability rating for his service-connected left eye disability was denied. The issue of entitlement to TDIU is also pending.

The Veteran's chronic right Achilles tendonitis was rated as 10 percent disabling from April 7, 2004 to February 21, 2006 and as 20 percent disabling as of February 21, 2006. The appeal is denied for higher initial ratings.

The Veteran's low back disorder was granted a disability rating of 20 percent effective December 8, 2009.

The Veteran's claim for increased disability rating and temporary total evaluation due to surgery on August 12, 2005 was denied as his condition did not meet the criteria for a higher rating or a temporary total convalescent rating.

The Veteran's claim for service connection for bilateral necrosis of the hips as secondary to his service-connected PTSD is being remanded due to the need for a VA examination to clarify the diagnosis and etiology of the hip disorder.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled personal hearing. He will be given another opportunity to provide testimony before a Veterans Law Judge.

The Board denied the Veteran's claim for service connection for gum disease and loss of teeth due to periodontal disease, which is not considered a compensable disability. The issue of service connection for right wrist disorder was remanded.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is being remanded due to the lack of written informed consent documentation.

The Veteran seeks service connection for a gastrointestinal disorder, but the appeal is remanded due to incomplete records and further examination is needed.