Other conditions decisions — 2010

The Veteran's claim for service connection for a right hip injury is being remanded due to the need for additional evidence, including private treatment records and service personnel records.

The Veteran's claim for an initial compensable rating for aspergillosis is being remanded due to insufficient evidence in the record, including unreliable pulmonary function test results and a need for further examination by a respiratory specialist.

The Board has granted the Veteran's petition to reopen his claim for service connection for a left eye disability, finding that new and material evidence has been received. The nasal/sinus disability claim remains denied.

The Board has remanded the case due to a lack of scheduled Travel Board hearing, and the appellant is requested to provide further evidence or arguments.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development and consideration, including a VA examination.

The Veteran's left foot bunion is currently rated at 10 percent, the maximum allowable under Diagnostic Code 5280 for severe hallux valgus. The appeal has been granted.

The Board denied the appellant's eligibility for Montgomery GI Bill, Veterans Educational Assistance Program (VEAP), and Reserve Educational Assistance Program (REAP) education benefits due to various reasons including his failure to timely disenroll from VEAP or receive a refund of contributions.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran for VA purposes.

The Veteran's widow applied for special monthly death pension based on the need for regular aid and attendance. The appellant, who is not a dependent child of the Veteran or his spouse, has no legal entitlement to accrued benefits.

The Board has granted a 40 percent evaluation for the appellant's incisional hernia of the right flank, finding that it meets the criteria for this rating based on its large size and associated pain. The previous 20 percent rating is being maintained.

The Board has determined that the appellant was a fugitive felon from August 3, 2005 to November 30, 2005 and therefore her VA compensation benefits were terminated during this period. The overpayment of $3,872.70 is now being considered for waiver due to the appellant's fault in creating the debt.

The Board has remanded the case due to unclear information regarding the Veteran's discharge from his former National Guard/Reserve component and eligibility for education benefits under the MGIB-SR program.

The Veteran's appeal is remanded to determine if the medical expenses incurred at a private hospital from December 8, 2006, to December 12, 2006 were for an emergency treatment and whether VA or other Federal facilities were feasibly available during that period.

The Board has determined that the appellant cannot be recognized as the Veteran's surviving spouse for VA purposes due to a separation not being due to the Veteran's misconduct or procurement without fault of the appellant.

The Veteran's claim for service connection for varicose veins of the left leg is being remanded due to a lack of timely notice regarding new and material evidence requirements.

The Veteran's current eye disorder and defective vision are not considered to be related to his service, as there is no evidence linking the condition to any in-service event or injury. The Board found that the Veteran's current visual acuity issues are due to senile cataracts rather than a connection to his military service.

The Veteran's right shoulder disability, characterized by pain, limitation of motion, and additional limitation due to flare-ups, has not met the criteria for a rating in excess of 40 percent.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current gastrointestinal disorder is related to service, specifically his reported stomach cramps during active duty.

The Board has determined that the Veteran's failing endodontics and loose bridge are related to in-service dental trauma, granting service connection for these conditions.

The Veteran's service-connected neuropathic breast pain, postoperative residuals, subcutaneous mastectomy is not manifested by partial paralysis of any muscle or atrophy of the shoulder muscles. Therefore, an increased initial evaluation in excess of 20 percent for each side is denied.