Other conditions decisions — 2011

The Veteran's claim for a rating in excess of 10 percent for residuals of multiple fractures of the left hand is granted. The claim to reopen his service connection for bilateral hearing loss is also granted.

The Veteran's appeal is remanded for a VA examination to determine the severity of her service-connected systemic lupus erythematosus and whether she should receive an increased rating. The case will also be reviewed after obtaining any pertinent Social Security Administration records.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities has been withdrawn, resulting in the dismissal of the appeal.

The Veteran's appeal is being remanded to obtain additional VA treatment records and to schedule a VA examination for his Huntington's disease.

The Board has determined that the Veteran's ulcerative proctitis is causally related to his military service and grants the claim for service connection.

The Board has determined that the appellant's character of discharge is a bar to VA benefits due to his bad conduct during service from January 1999 to May 2007, and he was not insane at the time. The appeal is denied.

The Veteran's left mandible fracture is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted.

The Veteran's appeal is remanded due to the need for additional examinations and records, including those from his primary care physician.

The Board denied the Veteran's claims for service connection for loss of vision in the left eye and bilateral retropatellar pain syndrome, finding no evidence to support these claims.

The Veteran's hypertrophic cardiomyopathy is currently rated at 30 percent, effective February 13, 2007. The claim for TDIU was denied as the Veteran is not precluded from participating in substantially gainful employment due to his service-connected disabilities.

The Veteran's appeal is remanded due to a need for additional evidentiary development, including obtaining VA outpatient treatment records and scheduling the Veteran for a new VA examination of his bilateral knee disabilities.

The case is being remanded due to VCAA compliance issues. The Appellant has not been provided with the necessary notice of the Veterans Claims Assistance Act of 2000 (VCAA).

The Veteran's claim for additional SMC based on the need for a higher level of care is being remanded due to insufficient evidence regarding his current need for such care. The case will be reviewed after obtaining necessary medical opinions and records.

The Veteran's right and left hallux valgus with degenerative changes have been evaluated as noncompensable under the applicable rating criteria. The Board finds that the evidence does not support a compensable evaluation for these conditions.

The Veteran's appeal is being remanded for the RO to consider additional evidence submitted by him, which he believes supports his claim that the overpayment of $546.60 in VA educational assistance benefits was not valid.

The Board denied the Veteran's claims for effective dates of June 1, 2003 and November 1, 2005 for removing her first spouse as a dependent and adding her second spouse as a dependent, respectively. The reasons given were that the necessary information was not received by VA within one year of the events.

The Board denied the appellant's request for an extension of his delimiting date for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35, finding no legal basis for such extension.

The Veteran's appeal is being remanded for additional development, including a VA examination and the provision of VCAA compliant notice regarding his TDIU claim. The case will be returned to the Board for further appellate review.

The Board found that the Veteran's treatment for shortness of breath and dyspnea was not of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous. Therefore, payment or reimbursement for unauthorized medical expenses incurred at SJMC on June 29, 2008 is denied.

The Board has remanded the case for additional development, including a medical opinion and consideration of new evidence. The Veteran's claim for service connection remains pending.