Other conditions decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to determine the current nature and severity of his service-connected post-operative calluses of the left foot.

The Veteran's claim for VA educational assistance benefits under the Post-9/11 GI Bill is denied as he had already exhausted his entitlement under the MGIB, and thus was only eligible for up to 1 month and 23 days of benefits.

The Veteran's request for a refund of contributions made to convert from the VEAP to the MGIB education program is denied as he did not meet the eligibility requirements for Chapter 30 benefits under 38 C.F.R. § 21.7042(a) or (b).

The Veteran's unauthorized medical expenses incurred on January 3, 2011 at Morsani Orthopedics Center were denied as VA treatment was available and the emergency condition did not meet the criteria for reimbursement.

The Veteran's respiratory disorder, specifically bronchiectasis, is currently rated at 30 percent disabling. The Board finds that the evidence does not support a higher rating as his condition does not meet the criteria for an increased evaluation.

The Veteran's application for a rate of payment in excess of 60 percent of the maximum amounts payable for educational assistance benefits under Chapter 33, Title 38, United States Code was denied as her aggregate length of creditable active duty service did not meet the criteria for a higher percentage.

The Board has determined that the Veteran's right foot disability, including degenerative joint disease, is aggravated by his service-connected residuals of a right fifth metatarsal fracture. The decision grants service connection for this aggravation.

The Veteran's liver disease, diagnosed as a fatty liver, is due to his service-connected diabetes mellitus. From February 1, 2004, the criteria for establishing a 10 percent rating for TMJ dysfunction have been met.

The Veteran's daughter is granted a retroactive award of special monthly pension based on the need for aid and attendance for the period from August 26, 2009 to August 26, 2010.

The Veteran's service-connected cold injury residuals of the bilateral upper and lower extremities are currently rated at 30 percent each, with no higher rating granted. The Veteran is not entitled to a TDIU.

The Veteran's djd/bursitis of the left hip has been granted service connection and assigned a 10 percent disability rating. The Veteran also received an increased rating for his left upper thigh trauma with cystic mass, including a painful scar.

The Veteran's arteriosclerotic cardiovascular disease was rated at 10 percent prior to March 23, 2011. From that date until August 8, 2012, the rating was increased to 30 percent. After that date, no higher rating is warranted.

The Board has determined that the Veteran does not have residuals of heat exhaustion or a scratched cornea due to any incident of his active duty service and therefore, denied both claims.

The Board granted an earlier effective date for TDIU benefits, resulting in a total award of $51,454.00. The attorney's fee was calculated at 20% of this amount, or $10,290.80.

The Veteran's claim for a higher rating for bursitis of the right elbow has been denied as she failed to report for scheduled VA examinations without good cause.

The Veteran's right shoulder disability was rated at 20% from January 16, 2006 to March 28, 2007. The evidence does not show that his range of motion was limited to midway between the side and shoulder level during this period.

The Board denied the Veteran's claims for service connection for Charcot-Marie-Tooth Disease and bilateral talipes equinovarus, finding that both conditions are congenital diseases subject to the presumption of soundness. The presumption was not rebutted, but the Board determined that there is no clear and unmistakable evidence of aggravation beyond natural progression during service.

The Board has remanded the case for additional development and adjudicative action due to inadequate VA opinion regarding the etiology of the Veteran's eye disability and residuals of head trauma.

The Veteran's surgical wound hernia with chronic pain is considered an additional disability due to complications of the August 2001 VA lumbar spine surgery, which was not reasonably foreseeable. The claim for compensation under 38 U.S.C.A. § 1151 has been granted.

The Board has determined that the appellant's preexisting right arm injury was aggravated during his period of active duty training (ACDUTRA), and therefore service connection is granted for residuals of a right arm injury.