Other conditions decisions — 2011

The Veteran's claim for higher ratings was granted, with a 20 percent rating assigned for his low back condition and a 60 percent rating for his right foot drop.

The Board has determined that the Veteran's pre-existing DJD of the bilateral hips was aggravated by his military service, and thus service connection is granted.

The Veteran's service-connected residuals of laceration of the dorsal aspect of the left forearm, extending to muscle fascia, but not involving muscle or joint, has been rated as noncompensably (0 percent) disabling. The separate compensable rating for left forearm ulnar neuropathy has also been granted.

The Board denied the Veteran's claims for service connection for bilateral foot disability, dental disability, bilateral hearing loss, and tinnitus. The decision also noted that the Veteran's claim for dental disability was reopened on new evidence.

The Veteran's service-connected residuals of gall bladder resection surgery, including abdominal pain and intermittent diarrhea, are rated at a non-compensable level. The Board finds that the symptoms do not warrant a higher rating.

The Board has determined that the current examination report is inadequate for VA purposes and has ordered an updated VA examination to determine if there is a relationship between the Veteran's HIV and active service. The Veteran should be provided with his up-to-date VA and private treatment records, as well as any additional information needed.

The Board denied an earlier effective date for the grant of service connection for pityriasis veriscolor due to lack of a formal or informal claim prior to November 27, 2006.

The Board has determined that the Veteran does not have a current compensable eye disability and there is no evidence of an in-service injury or disease. Therefore, service connection for an eye disorder cannot be granted.

The VA determined that the Veteran's loss of use of his right upper extremity was not caused by or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department while treating his shoulder problems. The Board found no evidence to support a finding of an additional disability due to VA treatment.

The Board has determined that the appellant is not entitled to service connection for a dental condition, as his tooth loss does not meet the regulatory requirements set forth under 38 CFR § 4.150.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) beyond December 3, 2000 is denied as her application was not timely submitted.

The Veteran's claim for an earlier effective date for additional compensation for his dependent child B. was denied because the necessary information regarding custody of B. was not provided within 1 year, preventing payment from being made before January 29, 2008.

The Veteran's unauthorized medical treatment for abdominal pain, nausea, vomiting, cellulitis of the trunk, and right pleural effusion was denied reimbursement by VA.

The Board has determined that the Veteran's myelodysplastic syndrome is related to his in-service exposure to Agent Orange, and thus service connection is granted.

The Veteran's claim for nonservice-connected pension benefits is denied as he has been imprisoned since 1974, which precludes him from receiving such benefits due to the statutory prohibition against paying pension to incarcerated individuals.

The Veteran's TMJ has been manifested by pain, popping, inter-incisal opening of 41mm, right lateral excursion of 2mm, and left lateral excursion of 6mm. The Board finds that the criteria for an initial rating of 10 percent have been met.

The Board has determined that the Veteran's prostate disability is service connected, but his anemia is not.

The Board has remanded the case to obtain a supplemental statement from Dr. Steurer regarding the relationship between any currently-diagnosed thoracic spine disability and the veteran's military service.

The Veteran's claims for increased disability ratings for service-connected left calcaneus and residuals of pelvic fractures are being remanded due to the need for additional development, including obtaining medical records and providing an orthopedic examination.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the Board to adjudicate the merits of this claim.