Other conditions Board decisions

The Board has decided in favor of the Veteran, granting service connection for residuals of cold injury to both feet.

The Veteran's dysthymia has been rated at 10 percent since June 28, 2005 and now at 30 percent effective February 9, 2009.

The Board has remanded the case due to the need for additional examination and consideration of the Veteran's claims.

The Board has determined that the Veteran's condition was stabilized by November 10, 2006 and a VA facility was feasibly available to accept his transfer. As such, payment or reimbursement for the remaining days of treatment is granted.

The Veteran's and appellant's divorce became final in September 1996. The appellant is not entitled to apportionment benefits for herself as she is no longer a dependent of the Veteran. An increased apportionment on behalf of their second child, E.H., was denied due to insufficient income information provided by both parties.

The Veteran's respiratory disorder was not incurred in or aggravated by service and cannot be presumed to be linked to service. The Board found no evidence of a chronic respiratory disorder during service, and the claim is denied.

The Board has determined that the Veteran's bilateral eye disability was not incurred in or aggravated by active service and therefore denied his claim.

The Veteran's left great toe arthritis is currently rated at 10 percent, effective May 20, 2009. The right great toe fracture disability remains unconnected to service.

The appellant is not entitled to accrued benefits in excess of that already received and any further portion of non-negotiated checks from the deceased widow's death benefits.

The Veteran seeks service connection for a right hand and arm disability. The Board has remanded the case due to an incorrect factual basis regarding whether the Veteran fell and injured his right hand and arm during service.

The Veteran's residuals of poliomyelitis affecting the left lower extremity have been granted a rating of 60 percent, effective from the date of the decision.

The Veteran's claim for a clothing allowance was denied in October 2007, and the VA Medical Center must issue a Statement of the Case.

The Veteran's service connection claim for residuals of a right shoulder injury is granted as his current right shoulder condition can be linked to an in-service right shoulder injury.

The Board has determined that the Veteran does not have residuals of a gas oven explosion, also claimed as burns to face and loss of vision, which occurred during service. As there is no evidence of current disability or a link between the in-service injury and any current condition, the claim for service connection is denied.

The Board found that the Veteran's diagnosed left eye disorders (presbyopia and cataract) did not manifest during his period of active service or due to any incident therein. The Board concluded that these conditions are unrelated to his military service.

The Veteran is seeking an initial disability rating in excess of 10 percent for fusion of the right fifth finger. The case has been remanded to determine if her condition meets the criteria for amputation.

The Veteran's appeal is remanded for additional development, including a VA examination and obtaining clinical records from his VA medical centers. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) will also be addressed.

The Board denied the appellant's appeal for restoration of his service-connected disability compensation benefits due to incarceration, finding that the reduction was proper based on the statute and regulation.

The Veteran's claim for increased ratings for discoid lupus erythematosus of the head and face was denied. The Board found that a 10 percent evaluation was warranted from October 1, 2001 to August 29, 2002, but not greater than 10 percent from August 30, 2002 to May 18, 2005.

The Veteran's service-connected bilateral hallux valgus and arthritis have been rated at the maximum available ratings, with a temporary total rating granted for convalescence following surgery. The claims for increased ratings are denied.