Other conditions decisions — 2016

The Veteran's residuals of his jaw fracture have been rated at 30 percent since August 22, 2006. The Board found that the condition has never been limited to less than 40 mm in inter-incisal distance or 8 mm in lateral excursion, and thus does not warrant a higher rating.

The Veteran's right elbow disability has been rated at the maximum schedular rating of 50 percent since August 1, 2004. The left elbow disability was rated at 20 percent for limitation of extension since April 11, 2012.

The Board has granted service connection for arthritis of the bilateral sacroiliac joints, finding that it is related to the Veteran's service-connected low back disability. The claim for TDIU remains pending as the initial evaluation and effective date have not been assigned.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at [redacted] from June 13, 2006, to August 31, 2006 was denied as the treatment did not meet the criteria for emergency services under VA regulations.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination to determine if the Veteran's esophageal disability and prostate disability are related to his service in Vietnam.

The Veteran's unauthorized medical expenses incurred at a private medical facility on August 21, 2011 are granted as the treatment was for an emergent condition and VA facilities were not feasibly available.

The Board has reopened the Veteran's claims for service connection for hidradenitis suppurative and pilonidal cysts, as well as bilateral shin splints. The new evidence received since the final August 2004 rating decision relates to unestablished facts necessary to substantiate these claims.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current thumb disability, as well as whether it is related to service. The Veteran's active service includes a report of falling from a truck and breaking both thumbs on January 25, 1971.

The Board has determined that the Veteran did not submit a timely substantive appeal with respect to the May 2011 rating decision denying entitlement to specially adapted housing. As such, the appeal is denied.

The Veteran's service connection claim for a bowel disorder (ulcerative colitis) is granted. The claim for a sleep disorder, mental disorder, brain tumor, and seizure disorder are REMANDED.

The Veteran's appeal is denied as he did not meet the threshold mandatory eligibility requirements for Chapter 30 MGIB benefits due to his short service period. He also does not qualify for Post-9/11 GI Bill educational assistance.

The preponderance of the competent medical and other evidence of record is against a finding that the Veteran currently has a dental disorder for which VA compensation may be paid; or that he experienced in-service dental trauma to include medical malpractice.

The Veteran's permanent and total disability rating was effective October 27, 2014. The appellant turned 26 in July 2014, which is prior to the effective date of the Veteran's permanent and total disability rating. Therefore, she does not meet the eligibility criteria for Dependents' Educational Assistance (DEA) benefits.

The Board granted the appellant's request for a beginning date of June [redacted], 2007, for Chapter 35 Dependents' Educational Assistance (DEA) benefits. The decision was based on the appellant seeking the earliest possible beginning date due to her enrollment at Nyack College in September 2007.

The Board has ordered additional efforts to obtain records from the Department of the Air Force regarding Appellant's status as the Veteran's surviving spouse. The claim will be remanded for further development.

The Veteran's service connection claims for degenerative joint disease/arthritis of multiple joints and numbness of the right hip, leg, and foot have been granted.

The Board found that the appellant's arthritis is not related to her Reserve service and denied her claim for service connection.

The Board denied the Veteran's claims of service connection for dystonia and degenerative disease, finding that these conditions were not incurred or aggravated by his military service.

The Veteran's duodenal ulcer is rated at 40 percent since September 12, 2012. The Board finds that a rating of 40 percent is warranted for the pendency of the appeal.

The Veteran's spouse seeks an increased rate of non-service-connected pension based on unreimbursed medical expenses incurred from January 1, 2007 to May 2, 2008. The claim is denied as the appellant did not submit a claim for accrued benefits until after the Veteran's death.