Other conditions decisions — 2010

The Board found that the Veteran's right elbow disability, characterized by limited extension and flexion, does not warrant a rating in excess of the current 10 percent assigned under DCs 5206 and 5207.

The Board found that the Veteran's deviated nasal septum is not manifested by a 50 percent obstruction on both sides or by complete obstruction on one side, and thus does not meet the criteria for an initial compensable disability rating.

The Board dismissed the appeal because the appellant did not file a timely substantive appeal of the October 2002 decision denying her claim for nonservice-connected death pension benefits. The criteria for entitlement to nonservice-connected death pension benefits have not been met due to her income exceeding the established limit.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Casa Grande Medical Center on October 24, 2005 was denied. The VAMC found that the VA was feasibly available and this was non-emergent. The Board has decided to remand the case due to a lack of records regarding contact with the Tucson VAMC.

The Veteran's right great toe disorder is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board denied the appellant's request to reopen her claim for VA death benefits due to a lack of new and material evidence.

The Veteran's appeal is being remanded for further development due to inadequate examination reports and the need to obtain additional medical records.

The Board has remanded the case due to the need for further development, including verifying service in the Arabian Gulf and obtaining medical records.

The Veteran seeks service connection for an acoustic neuroma, which the Board finds requires additional development to determine its onset and whether it is related to his military service.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for vision loss in the left eye resulting from cataract surgery at a VA medical facility on July 10, 2001. The case has been remanded due to incomplete records and need for further development.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and nonservice-connected death pension benefits due to lack of new and material evidence, and because the Veteran did not have qualifying service.

The Veteran's claim for reimbursement of medical services provided at Tallahassee Memorial Hospital on September 8, 2007 is being remanded due to incomplete records and the need for a VCAA notice letter.

The Board denied service connection for a right foot disorder and the claim to reopen was also denied. The Veteran's specially adapted housing or special home adaptation grant claim is denied.

The Board found no evidence of a current gastrointestinal disorder related to service or service-connected PTSD, and denied the claim.

The Board has denied the request for waiver of overpayment of educational benefits, finding that recovery would not be against equity and good conscience due to fault on the part of the appellant in creating the overpayment.

The Board found no credible supporting evidence of an in-service stressor for posttraumatic stress disorder, and thus denied the claim.

The Board has granted a separate 20 percent rating for the Veteran's muscle injury and confirmed a 10 percent rating for his left buttocks scar. The Veteran is entitled to these ratings as they more closely approximate the criteria for moderate disability in Muscle Group XVII and mild decreased sensitivity around the scar, respectively.

The Board found that the Veteran's service-connected disabilities did not cause or contribute to his death from intracerebral hemorrhage.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for bursitis of the right elbow.

The Veteran's right toes were shown to be objectively painful, with X-ray evidence of arthritis of two metatarsophalangeal joints. The disability is not equivalent to moderately severe foot injury and a 10 percent rating for hallux valgus of the right foot with residuals of bunionectomy is granted.