Other conditions decisions — 2011

The Veteran's neck disability with myofascial pain syndrome was granted a 20 percent evaluation since March 25, 2009.

The Veteran's claim for 1151 compensation is denied because the evidence does not establish that VA carelessness, negligence, or other fault proximately caused his additional disability.

The Veteran's psoriatic arthritis was found to warrant a higher evaluation, but the hemangioma of the liver did not meet the criteria for service connection.

The Veteran's appeal for additional education assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) was denied as he had already exhausted his full allotment of benefits prior to the completion of his firefighter training program. The RO awarded a 12-week extension beyond his allotted 36-month period, but this decision is upheld by the Board based on legal grounds.

The Board has granted a separate 10 percent rating for neuropathic pain syndrome involving the right inguinal nerve and a separate 10 percent rating for neuropathic pain syndrome involving the right medial cutaneous nerve, both associated with the service-connected right inguinal hernia.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and review of his TDIU claim.

The case is being remanded for further development to address the Veteran's right ear issues and to determine if his disequilibrium is related to military service. The initial rating for left otitis media and Eustachian tube dysfunction will also be reconsidered.

The Veteran does not have memory loss that is shown to be related to a head injury suffered during service.

The Veteran's appeal is being remanded for further development and consideration of his claims, including the evaluation of Muscle Group XIII injuries.

The appellant's claim for additional Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code is denied as he has no legal entitlement to more than an aggregate of 48 months of VA educational assistance benefits.

The Veteran's dental treatment on May 31, 2007, June 8, 2007, and November 29, 2007 was found to be necessary prior to receiving authorized restorative dentistry. The appeal is granted.

The Board found that the Veteran does not have a current left elbow disability related to service and denied his claim. The decision also noted that there is no evidence of a current left hand disability.

The Board found that the reduction in compensation benefits due to a change in dependency status was proper, and denied the Veteran's appeal.

The Veteran's prepyloric ulcers have been manifested by pyrosis and regurgitation, but the symptoms have not resulted in considerable impairment of health or severe impairment of health during any period. The criteria for an initial rating of 10 percent are met for the entire initial rating period.

The Board has determined that there is equipoise regarding whether the Veteran's bunion of the left foot was caused by her service-connected Achilles tendonitis and plantar fasciitis of the left foot, thus granting service connection for this condition.

The Board has determined that additional efforts are needed to retrieve relevant service personnel records, particularly those related to the Veteran's claimed Reserve service in May 1998. The case is REMANDED for these purposes.

The Veteran withdrew his appeal prior to a decision being made.

The Veteran's bruxism was incurred in service and is now granted.,Service connection for the residuals of a closed fracture of the left fifth metacarpal bone neck is granted, with no compensable rating assigned.

The Veteran's service is not considered qualifying for VA benefits, and the appellant does not have a qualifying disability. Therefore, the claim for VA compensation benefits under 38 U.S.C.A. § 1815 is denied.

The Veteran's claim for educational benefits under Chapter 30 of the Veterans' Benefits Act is being remanded due to a need for further development, including obtaining his service personnel records and school records from Embry-Riddle Aeronautical University.