Other conditions decisions — 2015

The Board has remanded the case due to incomplete information regarding whether payment or reimbursement was authorized under 38 U.S.C.A. § 1725 for emergency treatment provided at Bourbon Community Hospital, and other related verifications.

The Veteran's left elbow disability is productive of more than 90 degrees of flexion, even with consideration to functional impairments. The right elbow disability is productive of more than 100 degrees of flexion, even with consideration to functional impairments. A rating in excess of 20 percent for the left elbow and a rating in excess of 10 percent for the right elbow are not warranted.

The Veteran's claim for an effective date prior to October 28, 2010 for the grant of service connection for chronic olecranon bursitis, right elbow is denied.

The Veteran's claim for a compensable rating for status post circumcision with residuals of groin injury was denied as the disability does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board is remanding the case to determine if the appellant's misconduct during service was willful and persistent, and what type of Court-Martial he faced at the time of his discharge. The appeal will be reconsidered after this information is obtained.

The Veteran's claim for a compensable disability rating for his right biceps strain is being remanded due to the need for additional examination and opinion regarding whether he has any associated neurological conditions. The Board will consider the case again after this development.

The Veteran's claim for TDIU prior to his June 2009 hip replacement is being referred to the Under Secretary for Benefits or Director of Compensation for consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The evidence does not support the Veteran's claim of a disability manifested by dizziness that is related to his military service, including as secondary to his service-connected traumatic encephalopathy.

The Board found that the appellant had a deemed valid marriage to the Veteran for VA purposes, and thus meets the criteria for recognition as his surviving spouse for VA death pension benefits.

The Veteran seeks a higher combined rating for his service-connected gunshot wound residuals of the right leg and right foot, but the Board has remanded the case to clarify at what level an amputation would fully address these injuries.

The Board denied the Veteran's claim for a waiver of overpayment of VA educational assistance benefits in the amount of $56.07, finding that recovery was not against equity and good conscience.

The Board denied a rating in excess of 10 percent for the Veteran's right inguinal hernia disability, finding that the evidence did not support such an increase. The appeal was also denied on the issue of whether an extra-schedular evaluation was warranted.

The Veteran's service-connected endometriosis ultimately resulted in a hysterectomy with bilateral oophorectomy, and the Board finds that this condition is related to her active duty service.

The Veteran's claim for an increased rating of 30 percent for post-operative residuals of testicular cyst with left orchitis was denied as he failed to report for a necessary VA examination without good cause.,For the period prior to May 20, 2008, the Veteran's service-connected disability did not render him unemployable.

The Veteran's right eye blindness is not considered to be due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The Board finds that the surgery did not cause additional disability.

The Board has remanded the case due to incomplete military personnel records and a need for further adjudication of the Veteran's claim.

The Veteran's claim for an initial compensable evaluation for macular degeneration of the right eye is being remanded due to a need for additional medical examination and records review.

The Board has determined that additional development is needed to determine the nature and etiology of any residuals of a cold injury to the lower extremities, including whether they are related to service.

The Veteran's appeal is being remanded to schedule him for a VA examination to evaluate the current severity of his service-connected left meniscus tear and left plica syndrome. The rating decision will be reconsidered based on the new evidence.

The Veteran's appeal is being remanded for an updated VA examination to evaluate the current severity of his service-connected thoracic spine disability.