Other conditions Board decisions

The case is being remanded for scheduling a videoconference or Travel Board hearing at the RO before a Veterans Law Judge.

The Veteran's left forearm disability has been manifested by pain, weakness and pronation to no less than 15 degrees. The disability does not meet the criteria for a higher evaluation based on ankylosis or limitation of motion.

The Board has determined that high cholesterol and elevated triglycerides are not recognized as disabilities for which VA compensation benefits may be awarded, thus denying service connection.

The Board has determined that the Veteran does not have a current liver disability and there is no evidence of any in-service injury or disease related to his liver. The Board finds that service connection for a liver disability cannot be granted as the claim fails to meet all three elements required by law: presence of a current disability, an in-service event, injury, or illness, and medical nexus between the two.

The Veteran's right long finger disability, characterized by fusion and limited motion, is rated at a maximum of 20 percent under the appropriate VA rating criteria. The Board finds that this rating adequately reflects the severity of his condition.

The Board has remanded the case for additional development, including obtaining SSA records and affording the Veteran VA examinations. The Veteran's claim will be reconsidered based on all evidence received.

The Board has reopened the claim for service connection of a right elbow disability and granted it, finding that there is currently diagnosed right elbow status post arthroscopy with loose body removal and mild arthritis which was incurred during or as a result of service.

The Veteran withdrew her appeal on the claim for service connection for a sleep disorder before the Board could make a decision.

The Board denied the Veteran's claims for earlier effective dates and disability ratings related to his service-connected shrapnel wounds involving Muscle Groups (MG) XX and XXIII.

The Board has ordered a remand to determine who paid for the Veteran's burial expenses, as there is a discrepancy between what was stated and what appears in the records.

The Board denied the Veteran's claim for an earlier effective date for military retirement pay benefits, stating that the Concurrent Retirement and Disability Payment (CRDP) program had an effective date of January 1, 2004. The decision was based on the law as it applied to the facts at the time.

The Veteran's appeal is being remanded to the AOJ for clarification regarding his ADOS service and its potential impact on his eligibility for Chapter 33 (Post-9/11 GI Bill) education benefits. The AOJ will consider all relevant evidence, including any additional information obtained during this process.

The Veteran claims compensation under 38 U.S.C.A. § 1151 for central retinal vein occlusion of the right eye, alleging that this condition was caused by a stress test performed at VA's Muskogee VAMC in September 2004 due to his hypertension. The Board has decided to remand the case for further development and consideration.

The Board has reopened the Veteran's claim for service connection for gynecological problems, but the case is REMANDED for additional development and a new VA examination to determine if her current gynecological problems are related to military service.

The Veteran's claim for service connection for an acquired psychiatric disorder, including personality disorder and alcohol dependence, is denied as the conditions are not compensable disabilities under VA regulations.

The Veteran is seeking an effective date prior to October 17, 2008 for a 100 percent disability rating for his service-connected non-psychotic organic brain syndrome due to head trauma. He also claims that the August 29, 1969 rating decision containing the initial 10 percent rating for this condition contained clear and unmistakable error.

The Veteran's service-connected residuals of a right heel and Achilles tendon surgery were found to be manifested by pain and weakness with lateral movements or walking on uneven surfaces, approximating no more than a moderately severe foot injury. The disability did not result in pes planus, weak foot, Morton's neuroma, metatarsalgia, hammer toes, hallux valgus, hallux rigidus, pes cavus, malunion/nonunion of tarsal/metatarsal bones, ankylosis of the ankle, ankylosis of the subastragalar or tarsal joint, malunion of the os calcis or astragalus, astragalectomy or moderate limitation of ankle motion. As such, a higher initial rating in excess of 10 percent was denied.

The Board has determined that the Veteran's current bilateral shin splints are not related to her period of active service and therefore denied her claim for service connection.

The Veteran's unauthorized medical expenses for emergency room treatment on April 18, 2009 were denied because a VA facility was feasibly available and the condition did not meet the criteria for emergency treatment.

The Veteran's claims for service connection for right foot pain and leg numbness, as well as right hip pain, are denied. The Board found no current disabilities of the right foot or hip apart from a service-connected neurological disorder (dysesthesias).