Other conditions decisions — 2018

The Board denied the Veteran's attempt to reopen his claim for service connection for right flat foot, finding that no new and material evidence had been submitted.

The Board has decided to remand the case due to incomplete records, including service treatment records and personnel files. The claim will be reconsidered with all relevant documents.

The Veteran's service-connected left hand torn volar plate with lost function of three fingers is granted a 10 percent rating, effective from December 29, 2015.

The Veteran's service-connected left small finger crush injury has worsened since the last VA examination in March 2014, and he is being asked to provide a new VA examination to assess its current severity.

The Veteran's claim for service connection for a mouth condition is denied as there is no current disability found during the appeal period.

The Veteran's gastrointestinal disorder, including stomach problems, was not incurred or aggravated during service and is denied.

The Veteran's right elbow disability with pain was manifested at worst by extension limited to 66 degrees for the entire appeal period, and flexion limited to 100 degrees from June 22, 2015. The claim is granted for a separate rating of 10 percent for limitation of flexion due to olecranon spurs of the right elbow from that date.

The Board has granted service connection for the Veteran's intestinal disability, finding that it is caused by her service-connected depressive reaction with bulimia and PTSD.

The Board denied the Veteran's claim for service connection for facial burns as there is no current diagnosis of such and the evidence does not support a finding that any in-service injury resulted in facial burns.

The Veteran's service-connected bilateral hearing loss and tinnitus do not render him unable to care for his daily needs without the regular aid and attendance of another person, or render him unable to protect himself from the hazards and dangers incident to his daily environment. Therefore, entitlement to special monthly compensation based on the need for the regular aid and attendance of another person is denied.

The Board has granted an increased disability rating of 20 percent for idiopathic orchalgia and residuals, finding that the Veteran's symptoms meet the criteria for this rating.

The Board denied an increase in the rate of payment for nonservice-connected death pension benefits with the need for aid and attendance as the appellant is already receiving the maximum allowable rate.

The Board has denied the Veteran's claims for service connection for a right hip disability and remanded the issues of rating in excess of 10 percent for limitation of flexion, right knee; rating in excess of 10 percent for right knee meniscus tear; and total disability based upon individual unemployability (TDIU). The Board also found that the Veteran's degenerative changes in the right hip are neither proximately due to nor aggravated beyond natural progression by his service-connected right knee disabilities.

The Board has decided to remand the case due to inadequate medical opinion regarding the Veteran's eye disability, specifically benign essential blepharospasm. The case is sent back for another examination by a neurologist.

The Veteran's claim for a higher rating for his status post left clavicular fracture was denied as the disability is already rated at the maximum schedular rating of 10 percent.

The Board denied the appellant's request to extend her delimiting date for DEA benefits beyond December 12, 2008. The decision states that she did not enroll in school until late in her eligibility period and thus cannot be granted an extension.

The Board has ordered the VA to make further efforts to obtain copies of records from the Veteran's deceased primary care physician. The AOJ must also arrange for an addendum opinion from a qualified person regarding whether it is at least as likely as not that the Veteran’s myotonic myopathy was caused by, or has been permanently aggravated by, his service-connected disabilities.

The Board found that the appellant's conduct constituted willful and persistent misconduct, leading to a discharge under dishonorable conditions. As such, his character of discharge bars him from receiving VA benefits other than health care.

The Board found that the creation of a debt against the Veteran's account based on an overpayment of military drill pay in Fiscal Year 2015 was valid, as the Veteran received both VA disability compensation and active service drill pay for the same period to which he was not entitled.

The Veteran's claim for an initial rating greater than 10 percent for residuals of multiple fracture of the left thumb is being remanded due to the need for a new VA examination and additional records.