Other conditions decisions — 2010

The Board has reopened the claim for service connection for enlarged uterus and granted service connection for enlarged uterus and uterine fibroids. The left knee condition issue is being remanded for additional development.

The Veteran's claims for service connection for ingrown toenails and dental treatment purposes have not been reopened. The appeals for increased ratings of bilateral pes planus with osteoarthritis of the right foot and osteoarthritis of the lumbar spine were denied.

The Board denied the veteran's claim for basic eligibility to receive educational assistance benefits under Chapter 30 due to his election not to receive MGIB benefits when initially entering on active duty, and because he received more than $2,000 in tuition costs during each year of his participation in the NROTC scholarship program.

The Veteran's appeal is denied as his left long and ring finger disability does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's left knee degenerative joint disease is not service connected as it was not shown until many years after service and the only medical opinion to address the etiology of current left knee degenerative joint disease weighs against the claim. It has been noted that there is no relationship between this pathology and his service-connected Lyme disease, manifested as right knee arthritis.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred as a result of treatment provided by the Radiologists of the University of Rochester on September 9, 2007 was denied because it was not filed within 90 days after Medicare denied payment.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's eligibility for Survivors' and Dependents Educational Assistance (DEA) benefits under Chapter 35, Title 38 of the United States Code is denied as he does not meet the basic eligibility requirements due to his non-service-connected status.

The Board found that the Veteran's marriage to P.K.B. in December 1991 was valid, and thus denied his claim for additional benefits as a dependent spouse of T.R.

The Board found that the Veteran did not have a current respiratory disorder and denied his claim for service connection as there was no evidence of mustard gas exposure in service, and no continuity of symptoms from service.

The Board denied the Veteran's claim for service connection for schistosomiasis/bilharzia, finding that there was no evidence of a current disability resulting from in-service treatment.

The Veteran's right knee disability, characterized by anterior cruciate ligament repair and traumatic arthritis, has been rated at 20 percent since December 2003. However, the evidence does not support a higher rating as his range of motion is within normal limits.

The Veteran's service-connected dysthymic disorder is currently evaluated at 50 percent, and the Board has determined that this rating is not sufficient to reflect his current level of disability.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's case is being remanded for additional development, including a VA examination to determine the severity of his service-connected pterygium disability. The appeal will be reviewed again after this additional development.

The Veteran's dry eye syndrome with pterygium and history of conjunctivitis was rated at 10 percent, the maximum schedular rating available under Diagnostic Code 6018 for chronic conjunctivitis. The Board found that his visual acuity did not warrant a higher rating.

The Board has determined that the Veteran's right elbow epicondylitis is causally related to service and grants his claim for service connection.

The Veteran's somatization disorder affecting the gastrointestinal system is currently manifested by symptoms including abdominal pain, nausea, vomiting, diarrhea, sleep disturbance, anxiety, nervousness, depression, flashbacks, and intrusive thoughts. These symptoms result in social impairment from his constant anxiety and distress.

The Board has determined that the Veteran's current right knee and quadriceps disorders are not related to his military service. The evidence does not support a finding of in-service injury or disease, nor can continuity of symptomatology be established.

The Veteran's claim for a rating in excess of 30 percent for restrictive lung disease was denied as the evidence did not show an FEV-1 between 40 to 55 percent of predicted, which would be required for a 60 percent rating.