Other conditions decisions — 2011

The Veteran's unauthorized medical expenses incurred at the Claremore Regional Hospital for treatment of a non-service connected condition were granted payment by VA.

The Board determined that the Veteran's right tibia disability, including fibrous dysplasia and old fracture, was not incurred or aggravated by service. The preexisting condition worsened due to a genetic mutation.

The Veteran's service-connected right Achilles tendonitis and fracture of the right 2nd metatarsal have been rated at 10 percent prior to August 4, 2010, and increased to 20 percent thereafter. The appeal is granted for these issues.

The Board denied the Veteran's claim for VA educational assistance benefits under Chapter 1606, Title 10 of the United States Code (also known as the Montgomery GI Bill for Selected Reserves (MGIB-SR)) due to a determination by DOD that he is not eligible for these benefits.

The Veteran's income exceeded the maximum annual pension rate (MAPR) for a veteran with one dependent in 2004, thus denying his claim for VA pension benefits.

The Veteran's claims for earlier effective dates for his service-connected shrapnel wound to the right mandible and neuralgia of the fifth cranial nerve have been granted, with an effective date set at August 27, 1999.

The Board found that the Veteran's sleep disorder is not a separate and distinct disability, but rather a symptom of his service-connected PTSD. As such, the claim for service connection was denied.

The Board has reopened the Veteran's claims for service connection for a tumor of the neck/throat and left varicocele, but denied them on the merits. The new evidence submitted does not raise a reasonable possibility of substantiating the claims.

The Board has denied the Veteran's claims for service connection for periodontal disease and multiple caries, finding that there is no legal basis to grant these claims as they pertain to compensation purposes.

The Veteran's claim for service connection for a back disability, including dextroscoliosis of the dorsal spine and short right leg, is being remanded due to the need for additional development, including obtaining relevant medical records and scheduling an examination.

The Veteran's psychiatric disorder caused occupational and social impairment with deficiencies in most areas, including work, family relations, judgment, thinking and mood from October 22, 2003 to August 19, 2007. Since August 20, 2007, the disorder has caused total occupational and social impairment.

The Board's October 2010 decision on the increased rating for atrial fibrillation was vacated due to missing relevant medical records. The case is now remanded for further development and readjudication.

The Board found that the appellant's current right eye disability, manifested by decreased visual acuity and intermittent bleeding, is not causally related to his in-service right eye injuries. The Board concluded that a chronic right eye disability was not present during service or for many years thereafter.

The Board found that the Veteran's CMV infection, claimed as malaise, was not incurred in or aggravated by his active military service.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore denies legal entitlement to this benefit.

The appellant requested to withdraw his appeal regarding the retroactive award and payment of Dependents' Educational Assistance (DEA) under Chapter 35, United States Code, prior to May 19, 2006.

The Board found that the Veteran's need for hysterectomy and left oopherectomy was not incurred in or aggravated by service, as there is no evidence linking these procedures to any incident during her military service.

The Veteran's service-connected abdominal muscle strain, status post thoracolumbar laminectomy, is manifested by no more than slight disability and does not warrant a compensable rating.

The Veteran is seeking service connection for a current right hip disability, which he claims was incurred during military service. The Board has determined that an additional VA examination and medical opinion are necessary to address the etiology of his claimed condition.

The Veteran's pilonidal cyst, which at times becomes abscessed, is rated as a superficial scar with pain. The Board granted an initial compensable rating of 10% for this condition.