Other conditions decisions — 2011

The Veteran's shin splints of the right and left legs are each currently rated at 20 percent, which is the maximum schedular rating for these disabilities.,Both shin splints have been evaluated under Diagnostic Code 5262, pertaining to impairment of the tibia and fibula.

The Board denied the Veteran's claims for a rating greater than 20 percent for his service-connected right ankle disability, service connection for hemophilia and amputation of the left lower extremity, and service connection for serum sickness with joint pain. The decision found that the current 20 percent rating adequately reflects the Veteran's functional limitations.

The Veteran's gynecological disorder is found to be etiologically related to her active service, and the Board grants service connection for a gynecological disability. The issue of numbness of the left foot, claimed as accessory navicular left foot, is remanded for further development.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she did not meet the requirements under VA regulations.

The Veteran's claim for service connection for Reiter's Syndrome was granted with an effective date of October 31, 2002.

The Board finds that the Veteran's current neurological impairments of the upper and lower extremities, as well as urinary and bowel incontinence, are related to his service-connected cervical spine disability. The claims for service connection are granted.

The Veteran's active service did not meet the eligibility requirements for VA educational benefits under Chapters 30 and 32, Title 38, United States Code or Chapters 1606 and 1607, Title 10, United States Code. The Board denied his claims as the applicable law precludes a grant of benefits.

The Veteran died from a motor vehicle accident and was cremated under a county contract. The appellant applied for burial benefits, but the claim is denied as the Veteran did not meet any of the criteria for payment of burial benefits.

The Board has reopened the claim of entitlement to Dependents and Indemnity Compensation (DIC) and death pension benefits due to new evidence submitted by the Appellant. The claim is denied as she was not legally married to the Veteran at the time of his death.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because there is no competent medical evidence indicating that the deformity of his right hand was caused by VA treatment.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Veteran's residuals of insertion of bilateral silastic cheek implants were rated at 10 percent prior to April 14, 2007 and in excess of 10 percent beginning April 14, 2007. The appeal is denied as the criteria for a higher rating are not met.

The Veteran's claim for payment or reimbursement of medical expenses not previously authorized that were incurred at Olympic Medical Center from January 21 to January 26, 2009 is denied as he does not meet the criteria under applicable statutes and regulations.

The Board has remanded the case due to incomplete service medical records and will review the claim in light of any new evidence.

The Veteran's claim for an increased disability rating for service-connected prostatitis, received June 30, 1994, also reasonably constituted a claim for service connection for epididymitis. The effective date of the award is set at June 30, 1994.

The Veteran's service-connected coccyx disability is currently rated at the highest available evaluation under Diagnostic Code 5298, which pertains to partial or complete removal of the coccyx. The RO found that the condition does not meet criteria for a higher rating as there was no ankylosis, persistent symptoms compatible with sciatic neuropathy, or incapacitating episodes.

The Veteran's low back disability was rated at 10 percent prior to February 22, 2005 and increased to 20 percent effective February 22, 2005. The appeal is denied as the criteria for higher ratings are not met.

The Board has found that the Veteran's current lower back disability is as likely as not related to his in-service injury, and thus service connection for residuals of a lower back injury is granted.

The Board denied the Veteran's claims for higher ratings for her service-connected chondromalacia patella of the right and left knees, finding that the evidence did not support a rating higher than 10 percent.

The Board has decided to remand the claim for further development, including obtaining VA treatment records and SSA disability determination records. The case will be reviewed again after these additional documents are obtained.