Other conditions decisions — 2014

The Board has determined that new and material evidence has been received to reopen the claim of service connection for spondylolisthesis. The Veteran's current spondylolisthesis is found to be due to an injury incurred in service, warranting service connection.

The Board has determined that the Veteran's dementia NOS is secondary to his service-connected residuals of meningoencephalitis and grants service connection for this condition.

The Veteran does not have chronic Achilles tendon disability that had its clinical onset in service or is otherwise related to active duty. Therefore, the claim for service connection for bilateral Achilles tendon disability, including tendonitis, is denied.

The Board found that the overpayment of VA education benefits in the amount of $3,000.00 was not properly created due to administrative error by VA.

The Veteran seeks to reopen a previously denied claim for compensation under 38 U.S.C.A. § 1151 for a right arm disability, claimed to have been caused by surgeries at VA during September and October 2003. The Board finds that new and material evidence has been submitted to warrant reopening the previously denied claim.

The Board has restored a 20% rating for the Veteran's intervertebral disc syndrome (IVDS) from August 1, 2010. The evidence is in equipoise as to whether there was actual improvement of the IVDS disability and in the Veteran's ability to function under ordinary conditions of life and work.

The Board has determined that the Veteran's cellulitus and lymphedema of the lower extremities are attributable to his military service, granting service connection for these conditions.

The Veteran's claim for an initial disability rating in excess of 10 percent for left remote pubic fracture with residual pain and earlier effective date for service connection has been denied. The Board found that the preponderance of evidence is against her claims.

The Veteran's service-connected amputation of half the distal phalanx, middle finger, right hand is rated at 10% since May 21, 2009.

The Veteran's appeal is being remanded for a new VA examination to assess the current level of disability in his right shoulder, as he reported increased pain and changes in range of motion due to surgery. The rating will be reassessed based on the findings from this examination.

The Board denied the Veteran's claims for a compensable rating for residuals of left inguinal hernia repair and service connection for a low back disability, finding that there was no evidence to support these claims.

The Veteran's claim for reimbursement of private medical care expenses incurred on August 6, 2010 is denied as the payment under a health care contract precludes reimbursement.

The Board has granted service connection for a left lower extremity deformity and chronic back disability, finding that the Veteran's conditions were aggravated by active duty. The pre-existing conditions existed at entry into service and worsened during service.

The Board of Veterans' Appeals has determined that the appellant is not eligible for nonservice-connected pension benefits due to his service with recognized guerrillas during World War II, which does not qualify him for these benefits.

The Veteran's service-connected bilateral temporomandibular joint internal derangement was found to have restricted inter-incisal range of motion from 40 mm down to 15 mm, warranting a 30 percent rating.,From December 28, 2010 to March 29, 2011, the Veteran's service-connected bilateral temporomandibular joint internal derangement was found to have restricted inter-incisal range of motion to less than 10 mm, warranting a 40 percent rating.,From December 28, 2010 to the present, the Veteran's service-connected bilateral temporomandibular joint internal derangement was found to have restricted inter-incisal range of motion to 20 mm, warranting a 30 percent rating.

The Board denied the appellant's claim for more than one month and twenty-two days of educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) due to a limitation on the total amount of VA education benefits that can be received under two or more programs. The appellant had already used 46 months and 8 days of educational assistance benefits under Chapter 34, leaving him with no additional entitlement.

The Veteran's unauthorized medical expenses incurred at SMMC from November 30, 2011 to December 2, 2011 are eligible for reimbursement as the emergency treatment was provided in a hospital emergency department and the claim is timely filed.

The Board granted the appellant's request for a Government-furnished memorial headstone or marker, finding that the Veteran's remains have not been recovered or identified.

The Veteran's service-connected hypertensive cardiovascular disease is being evaluated based on the severity of his condition, with different ratings for different periods. The case has been remanded to schedule a Travel Board hearing.

The appellant does not have a service-connected condition and did not serve at least 90 days during a period of war, thus he is ineligible for nonservice-connected pension benefits.