Other conditions decisions — 2010

The Board found no evidence to support the appellant's claim that her current respiratory disorder is related to her active duty for training (ACDUTRA) and denied her claim.

The Veteran's claim for an initial rating in excess of 10 percent for service-connected residuals of a fracture to the left radial head with chronic left elbow strain was denied.

The Board has remanded the case for further development and readjudication, including obtaining records from the Board of Navy Records Correction.

The Veteran's claim for an annual clothing allowance for 2009 was granted as his signed certification, which indicated he had a disability requiring metal braces and a wheelchair that caused damage to his clothing, was received within the one-year filing period.

The Board found that the Veteran's narcolepsy did not manifest during service and is not related to any incident therein. The Board concluded that the Veteran's narcolepsy was not incurred in or aggravated by his active service.

The Veteran's appeal for an initial evaluation in excess of 10 percent for residuals of a head injury has been dismissed as the appellant withdrew his appeal.

The Board has remanded the case for further action, including scheduling a Travel Board hearing.

The Board has determined that the Veteran's medical expenses at Southcrest Hospital from December 4, 2004 to December 6, 2004 met all conditions for payment by VA for emergency medical services.

The Board has determined that the Veteran is entitled to an effective date of March 29, 2007 for her service connection awards for degenerative joint disease of the left hip, right hip, and sacroiliac joint. The conditions were found as secondary to her service-connected spondylotic spondylolisthesis.

The Board has reopened the Veteran's claim for service connection for filariasis of the testicles due to new and material evidence. However, the Board denied the claim as there is no medical evidence linking the current condition to active service.

The Veteran's bilateral eye disability was initially rated as noncompensable and later increased to 10 percent prior to July 14, 2008. Since then, the evaluation has been increased to 20 percent effective July 14, 2008. The Board denied a higher rating for the period after July 14, 2008.

The Board has determined that the Veteran's service-connected onychomycosis of the left great toe and bilateral ingrown toenails have been resolved without residual symptoms, thus denying entitlement to increased ratings.

The Board denied the Veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code (Montgomery GI Bill - Selected Reserve (MGIB-SR)) due to his basic eligibility period ending on May 17, 2001.

The Veteran's initial ratings for left and right hip trochanteric bursitis and strain have been denied as they do not warrant higher evaluations.

The Board has determined that the Veteran's right thumb injury, which occurred during service and resulted in a scar and loss of muscle mass, is related to his current condition. As such, service connection for residuals of a right thumb injury is granted.

The Board denied the Veteran's claim for VA educational assistance under Chapter 30, finding that he did not meet the eligibility requirements due to a break in service prior to serving three years continuous active duty.

The Veteran's service-connected bilateral knee disability is not rated higher than the currently assigned non-compensable ratings prior to September 15, 2009 and from September 15, 2009 onwards.

The Board has determined that the Veteran's bilateral knee disability, diagnosed as patellofemoral dysfunction, did not manifest during service and is not related to his active service. Therefore, the claim for service connection of a bilateral knee disability is denied.

The Veteran's death was not service-connected, and the appellant did not meet the eligibility requirements for burial benefits. Therefore, the claim for a monetary burial allowance is denied.

The Board found that the overpayment of $1,003.67 was validly created and dismissed the appeal regarding the additional overpayment in the amount of $435.00 as a waiver had already been granted.