Other conditions decisions — 2011

The Veteran's claims for increased ratings for his service-connected shell fragment wounds of the back and buttocks were denied. The scars are rated at 10 percent disabling, but no new evidence was provided to reopen previously denied claims.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for a higher rating in any of his service-connected disabilities.

The Board has determined that there is no current disability of the right rib cage for which service connection can be granted.

The Board found that the appellant's pre-existing erythema multiforme did not undergo a permanent increase in severity during his period of active duty for training or was due to an injury incurred during his inactive duty for training.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records from a neurosurgeon and providing the Veteran with a VA examination to determine the likely etiology of his left leg numbness.

The Board found that the Appellant's character of discharge was due to willful and persistent misconduct, which bars VA compensation benefits.

The Board is requesting a new hearing due to the unavailability of the Veteran's April 2011 hearing transcript and has decided that no substantive appeal was timely received for an appeal related to a December 31, 2003 rating decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected right eye disability. The claim also includes an application for TDIU.

The Board has remanded the case due to a lack of verification of the appellant's claimed service. The appellant seeks payment from the Filipino Veterans Equity Compensation Fund, but his claim is denied as there is no verified service.

The Veteran's left eye disability, which resulted from cataract surgery performed at a VA medical facility in December 2007, was not found to be due to negligence or error on the part of VA. The Board determined that the complications experienced by the Veteran were reasonably foreseeable risks associated with the procedure.

The Board denied the Veteran's claims for service connection for bilateral foot pain and increased rating for left shoulder bursitis, as well as his claim for TDIU. The appeal was remanded due to incomplete records but no new evidence was provided.

The Veteran's claim for service connection for a chronic lung disability was denied as there is no evidence of a current disability related to his active service.

The Veteran's service-connected Crohn's Disease with coloproctectomy and ileostomy is currently assigned a 100 percent evaluation. The Board has determined that the Veteran should be granted a separate 20 percent evaluation for removal of the intestines as the result of his service-connected Crohn's Disease.

The Veteran's service-connected GSW to the back has been rated as noncompensable, and no higher rating is warranted based on current evidence. The Board found that there was no demonstrated limitation of motion caused by the scars.

The Veteran's unauthorized private medical expenses incurred on August 3, 2006, August 10, and August 11, 2006 were not authorized for payment under VA regulations due to the services being provided after the emergency treatment period ended.

The Veteran's claim for service connection for bone spurs, bilateral feet is being remanded due to the need for further development of medical evidence and identification of relevant records.

The Veteran's service-connected post-operative right inguinal hernia is rated at a noncompensable level, but the Board has determined that a compensable rating of 10% should be assigned for his post-surgical scar based on tenderness and numbness.

The Board has ordered a remand to obtain additional medical records and to schedule the Veteran for an examination to determine if he currently has ear disabilities, whether any such disabilities are related to service, and to assign appropriate disability ratings.

The Veteran's claims for higher ratings and TDIU are being remanded to allow for additional development of his medical records, including VA treatment records since July 2002. He will also be afforded examinations to assess the severity of his service-connected disabilities and their impact on his employability.

The Veteran's residuals of a left hand fracture involving fingers 2, 3, 4, 5 are currently rated at 10 percent and no higher due to the absence of ankylosis or significant limitation of motion.