Other conditions decisions — 2010

The Board has determined that the Veteran's diagnosed spondylolisthesis at L5-S1 is related to her active service and grants her claim for service connection.

The Board found that the appellant was permanently incapable of self-support by reason of disability, including mental defect and learning disorders, at or prior to her 18th birthday. The appeal is granted.

The Board has remanded the case for further investigation regarding whether the Veteran was incarcerated during the period when a capias was outstanding, which could affect his status as a fugitive felon and thus impact compensation payments.

The Board dismissed the appeal due to the death of the appellant.

The Board has remanded the case due to new evidence received after the most recent supplemental statement of the case, and the Veteran's claim for service connection for a sinus condition will be reconsidered with this additional information.

The Veteran's mitral valve prolapse disability was rated at 60 percent from July 12, 2006 to May 25, 2009.

The Veteran's claims for increased evaluations for hammertoes, postoperative, left and right, are denied as the Veteran no longer has these conditions.

The Board finds that the Veteran's residuals of a right inguinal hernia repair are shown to have been incurred as a result of active service, and grants entitlement to service connection.

The Board has reopened the appellant's claim for service connection for pitting edema of the right lower extremity and granted it. The appeal for service connection for gout was also decided in favor of the appellant.

The Veteran's laryngeal hypersensitivity is manifested by episodes of gagging, shortness of breath, and vomiting which most nearly approximates moderate esophageal spasm. The disability is currently rated at 30 percent under Diagnostic Code 7204 for spasm of the esophagus.

The Veteran's service-connected right ring finger disability is currently manifested by decreased dexterity and minimal limitation of motion. The Board finds that a compensable initial disability rating for this condition is not warranted as the evidence does not show an exceptional or unusual situation warranting referral for extraschedular consideration.

The Veteran's claim for an initial rating in excess of 10 percent for mild neuroforaminal narrowing with disc bulge at L2-3, L3-4, and L4-5 was denied. The issue regarding a separate evaluation for neurological manifestations of the service-connected condition was also denied.

The Veteran's endometriosis and ruptured cyst have been rated at a maximum of 50 percent since January 30, 2008. Prior to that date, the disability was rated at 30 percent.

The Veteran died from septic shock due to pneumonia and was buried in January 2008. The appellant filed for burial benefits, but the Board denied both the nonservice-connected burial allowance and the plot or interment allowance as the Veteran did not meet the criteria for such benefits.

The Veteran's unauthorized medical expenses incurred on July 3, 2007 were denied as he was already covered by VA for the period of admission from July 1 to July 2. The Board found that his condition had stabilized and he could have been safely transferred to a VA facility.

The Veteran's claim for service connection for a brain tumor due to radiation exposure from the Chernobyl disaster is being remanded for additional development, including obtaining medical records and conducting an examination.

The Board has remanded the case for further development, including an additional VA examination and proper notice under VCAA.

The Board denied service connection for a low back disorder secondary to the service-connected left total knee arthroplasty, finding that new and material evidence had not been received. The Veteran's claim was reopened based on new evidence submitted since the last final decision.

The Board denied service connection for emphysema as there was no evidence linking the condition to active service.

The Board denied the Veteran's claim for service connection for a skin disorder, finding that his current skin conditions are not shown to be causally related to active service and/or caused or aggravated by herbicide exposure.