Other conditions decisions — 2010

The Veteran's appeal is being remanded for additional development of his VA and private medical records, as well as a VA scars examination to consider the amended rating criteria for scars effective October 2008.

The Board finds that the treatment at Baptist ER on July 9, 2008, was for a medical emergency of such nature that a prudent lay person would reasonably expect that a delay in seeking immediate medical attention would be hazardous to life or health. The Veteran's condition was considered an emergency situation due to threat to life or limb. Treatment on July 12, 2008, also met the criteria for payment or reimbursement as it was for a continued medical emergency of such nature that the Veteran could not have been safely discharged or transferred to a VA or other Federal facility.

The Veteran's appeal involves the initial rating for an atypical affective disorder, with staged ratings from 10% to 50%. The case is being remanded due to additional evidence submitted by his attorney.

The Veteran's residuals of fracture to the left index finger are rated at 10% since November 28, 2008.

The Board has remanded the case for additional development due to inadequate examination reports and opinions.

The Board has determined that the Veteran's current genital herpes simplex is etiologically related to service, and thus grants entitlement to service connection for this condition.

The Board found that the appellant's residuals of a skull fracture were not incurred in or aggravated by his active duty service, and denied the claim.

The Board has granted service connection for an injury to the cornea of the left eye, finding that it is a direct result of service without any need for additional evidence or presumption.

The Board has remanded the case due to inadequate notice and further development is required.

The Board found that the Veteran's limb girdle muscular dystrophy is a congenital disease and existed prior to service. The Board also found that there was no evidence of aggravation during service, thus denying the claim for service connection.

The Veteran's claim for a TDIU, to include on an extra-schedular basis, is being remanded due to the need for further development and consideration of all pertinent evidence.

The Veteran's lung disorder claim is being remanded for further development, including obtaining clarification on the calcified hilar mass found in his left lung during service and whether it relates to any current respiratory issues.

The Board found that the Veteran's cause of death, acute leukemia, was not related to service or any presumptive conditions associated with herbicide exposure. The evidence did not support a finding of direct service connection for the condition.

The Board has remanded the case for additional development due to deficiencies in the previous VA examination reports.

The Veteran's claim for increased ratings for his left knee disability and instability have been denied as the evidence does not support a higher rating based on limitation of motion or instability.

The Veteran's claim for service connection for dental trauma to teeth 8, 9 and 10 for compensation purposes is denied as there is no basis for compensation under VA regulations.

The Board denied the appellant's application to reopen his claim for basic eligibility for nonservice-connected disability pension benefits, finding that he did not meet the service requirements for VA pension benefits.

The Board has determined that there is no competent medical evidence linking the Veteran's current degenerative joint disease of the bilateral knees with his military service.

The Board has determined that the Veteran's Crohn's disease is related to his active service and grants the claim for service connection.

The Board denied the Veteran's claim for a rating in excess of 10 percent for his service-connected onychomycosis of the fingers and toenails, finding that the condition did not meet the criteria for an increased evaluation.