Other conditions decisions — 2011

The Veteran's appeal is remanded due to the need for additional private treatment records and development of his claim.

The Board has ordered additional development due to the need for a medical opinion regarding the etiology of the Veteran's diagnosed foot disorder. The case is now remanded for further action.

The Board found that the Veteran's current right great toe disorder is not etiologically related to his period of active service and denied entitlement to service connection.

The Veteran's service-connected spinal stenosis of the lumbar spine has been manifested by functional impairment that equates to forward flexion limited to no less than 90 degrees, extension limited to no less than 30 degrees, bilateral lateral flexion to no less than 25 degrees, and bilateral rotation to no less than 30 degrees. The criteria for the assignment of a disability rating in excess of 10 percent have not been met at any time during the appeal period.

The Board has determined that the initial noncompensable ratings assigned for the residuals of a fractured right little finger and genital warts are appropriate.

The Board found that the Veteran's left ulnar nerve neuritis did not meet or approximate the criteria for a rating in excess of 10 percent, as there was no evidence of complete paralysis or severe to moderate incomplete paralysis. The symptoms were considered mild and within the scope of the current 10 percent rating.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an effective date earlier than September 3, 2004 for the grant of special monthly compensation (SMC) for loss of use of a creative organ was denied. The Board found that there was no CUE in the July 2003 rating decision and that the preponderance of evidence did not support an earlier effective date.

The Board has denied the Veteran's claims of service connection for dental trauma, tooth infection, stomach disorder, and right ear disorder as new and material evidence was not received to reopen these previously denied claims.

The Board has granted service connection for arthritis of the spine, finding that it is related to the Veteran's service-connected residuals of left foot and ankle injuries. The claim for TDIU remains pending.

The Board has determined that the Veteran's psychotic disorder, not otherwise specified is etiologically related to his in-service adjustment disorder and service connection is granted.

The Board denied the veteran's request for an earlier effective date for restoration of compensation benefits due to a lack of timely notification of his release from incarceration.

The Board finds that the Veteran's currently diagnosed bilateral foot disorder is related to his period of active service, and grants service connection for a bilateral foot disorder.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not serve during a period of war and his second period of active duty service was less than 90 days, with no evidence of a service-connected disability at the time of discharge.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's current bilateral lower extremity disability is related to a cold weather injury during active duty, and the Board finds that service connection for residuals of bilateral lower extremity cold weather injuries is granted.

The Veteran's claim for service connection for a respiratory disorder, claimed as due to asbestos exposure during service, is denied as there is no competent and probative evidence of a current disability or its etiology.

The Veteran's claim for an increased rating for his service-connected right Achilles tendon rupture is being remanded due to the need for a new VA examination to assess current severity.

The Veteran's claims for service connection for a urinary disorder and a psychogenic disorder affecting the nervous system are denied as there is no evidence of such disorders in service or that they are related to military service.

The Veteran's claim for residuals of a left great toe injury resulting from a mortar attack in Vietnam was denied as there is no evidence of such an injury or any residuals thereof during service.