Other conditions decisions — 2014

The Board denied the Veteran's appeal, finding that the period for receiving a transfer of remaining entitlement to educational assistance benefits under 38 U.S.C.A. Chapter 33 was correctly calculated.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on April 10, 2010 at Marshall Medical Center in Placerville, California is being remanded due to the need for clarification regarding Medicare coverage and additional documentation.

The Veteran received inpatient treatment from AOMC for the period of December 16, 2010 through December 28, 2010. The VA denied payment for this care due to the Veteran's family refusing a transfer on December 15, 2010. However, the VAMC asserts that the Veteran was stable for transfer and refused the transfer. The appeal is remanded as there are missing records from both parties.

The Board has determined that the appeal is remanded due to the need for additional development of records, including obtaining copies of a purported VA Form 21-674 and letters from VA requesting information. The case will be readjudicated based on all evidence received.

The Veteran's dysthymic disorder is currently rated at 30 percent, the minimum rating available under the General Rating Formula for Mental Disorders. The evidence does not support a higher initial rating as his symptoms do not meet or approximate the criteria for a 50 percent disability rating.

The Board has granted service connection for the Veteran's right hip and left hip disorders, finding that they are related to his service-connected lumbar spine disorder.

The Board found no evidence to support the Veteran's claim of an ulcer disorder related to his active service, and denied the claim.

The Veteran's claim for service connection for residuals of a dental injury for compensation purposes is being remanded due to inadequate notice and examination. The AOJ will provide specific notice regarding VA dental compensation claims, request authorization for treatment records from Doctors Peevy and Catrell, and schedule the Veteran for an adequate VA examination.

The Board has granted a 30 percent rating for the Veteran's right superior oblique palsy, effective August 1, 2007.

The Veteran's moderate L5-S1 spondylosis with L5-S1 spondylolisthesis does not meet the criteria for a higher disability rating as it does not result in incapacitating episodes or significant limitation of motion.

The Board found that the Veteran's brain cancer did not have its clinical onset in service or within the first post-service year, and it is not otherwise related to active service. As such, the claim for service connection was denied.

The Veteran's bruxism is considered a manifestation of his service-connected PTSD and has been granted as secondary to the PTSD.

The Veteran's recurrent right ingrown toenail resulted in a painful scar on her great right toe, and the Board has determined that she is entitled to a 10 percent rating for this condition.

The Veteran's death was caused by pneumonia, which led to dehydration. The VA provided appropriate care and the cause of death is not due to negligence or error on VA's part.

The Board finds that the Veteran's bilateral cataracts are due to exposure to sunlight during service, and grants service connection for this condition.

The Board denied service connection for right long finger disorder and right ring finger disorder. The Veteran's chronic adjustment and dysthymic disorder with depression and anxiety was granted an initial rating of 50 percent, effective March 1, 2005.

The Board has remanded the case due to incomplete records and requests for additional development, including obtaining VA treatment records from July 2007 to January 2008.

The Veteran's claim for an increased rating for peripheral nerve involvement of the right lower extremity with foot drop was denied. The Board found that a disability rating in excess of 40 percent is not warranted from January 23, 2008.

The Board found that the Veteran's left inguinal hernia existed before service and was not aggravated during service, thus denying his claim for service connection.

The Board found that the earliest document indicating a claim for service connection was an informal claim filed by the Veteran on January 25, 2007. Therefore, the effective date for the grant of service connection for a psychotic disorder is set at this date.