Other conditions decisions — 2012

The Board has granted service connection for the residuals of a left thigh injury, including a skin defect, muscle injury, and neurological defect. The effective date is not specified as it was a full grant of benefits.

The Board has found that there is not substantial compliance with its prior remand directive and the case is being returned for further development, including obtaining service personnel records and medical records. The Veteran's claim for service connection for an esophageal tumor will be adjudicated after these additional actions.

The Board finds that the Veteran's right eye disability did not begin during active service and is not related to any incident of service, including a documented April 1966 injury to the right eye. The preponderance of evidence does not support a finding that his current right eye disorders are due to exposure to Agent Orange.

The Veteran's service-connected bunion, left great toe is productive of painful motion and warrants a 10 percent evaluation.

The Veteran's claim for a rating in excess of 40 percent for residuals of arthritis of the spine with scoliosis was denied, as his disability has not been manifested by unfavorable ankylosis. The claim for TDIU due to service-connected disabilities was also denied, as he did not meet the percentage standards and there is no evidence that he is unemployable under any circumstances.

The Veteran's appeal is being remanded due to her failure to appear for a scheduled hearing. The case will be returned to the RO for scheduling a new hearing.

The Veteran withdrew his appeal, resulting in the dismissal of the case.

The Veteran's request for service connection for rhabdomyolysis has been remanded due to the failure to afford him a hearing. He is currently seeking this benefit.

The Board has remanded the case due to incomplete service records and a need for further verification of the Veteran's National Guard service periods. The claim will be reconsidered after these steps are completed.

The Veteran's request for a waiver of recovery of overpayment of VA nonservice-connected pension benefits was denied by the Committee on Waivers and Compromises (COWC).

The Veteran's claim for Dependants' Educational Assistance (DEA) pursuant to the provisions of 38 U.S.C.A. Chapter 35 is being remanded due to his request for a Travel Board Hearing.

The Veteran's service connection claim for residuals of bilateral tibia stress fractures is granted. The appeal seeking a higher evaluation for migraine headaches was dismissed due to the Veteran withdrawing his appeal.

The Veteran's appeal is remanded for further development, including a VA cardiovascular examination and obtaining outstanding treatment records.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's curvature of the spine is aggravated by his service-connected recurrent dislocation of the right shoulder acromioclavicular joint. Additional development, including a new VA examination and opinion, is needed.

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

The Veteran's claim for service connection for loss of teeth was denied as there is no evidence that the condition resulted from in-service trauma or osteomyelitis, and replaceable missing teeth are not considered disabling for VA disability compensation purposes.

The Veteran requested recognition of his spouse for VA dependency purposes prior to September 15, 2009. The appellant withdrew the appeal in March 2011.

The Board has determined that the overpayment of educational benefits to the Veteran was properly calculated based on evidence showing participation in a scheme to defraud VA. The case is now remanded for further review and consideration.

The Veteran's left rib disability, including costochondritis, is manifested by pain and limited mobility. However, there is no objective evidence of respiratory impairment or limitation of motion that would warrant a higher rating.

The Board has granted a 20% disability rating for each of the appellant's service-connected bilateral knee disabilities, effective from the date of the decision.