Other conditions decisions — 2001

The Board has decided to remand the case for additional examination and readjudication due to a significant change in the law regarding VA's duty to assist.

The Board denied the claim for an effective date earlier than July 31, 1998, for a 10% disability evaluation for residuals of a stress fracture of the left foot.

The appellant's deceased husband does not have qualifying service with the United States Armed Forces and therefore is not eligible for an award of nonservice-connected death pension.

The Board denied the veteran's claim for a compensable disability rating for his left little finger dislocation, finding no evidence of ankylosis or significant impairment that would warrant such a rating.

The Board has determined that the case requires further development due to recent legislation requiring VA to assist veterans in obtaining evidence necessary for their claims. The veteran's malaria and pulmonary disability are under review, but service connection is not at issue.

The veteran has withdrawn his appeal regarding the initial rating for residuals of a left varicocelectomy and service connection for residuals of a left hand injury.

The veteran's claim of service connection for a bilateral ear disability is being remanded due to the need for additional medical examination and development.

The veteran's right hip fracture was not caused by VA negligence or fault, and the Board finds that the care provided to him during his hospitalization did not involve any instances of negligence. The appeal is denied.

The veteran's disabilities first met the criteria for a total rating based on individual unemployability as of November 9, 1990. The effective date is set at that time.

The veteran's unauthorized medical expenses for services rendered at Rideout Memorial Hospital Emergency Room from February 16, 1999 to February 17, 1999 are denied as the evidence does not satisfy requirements for entitlement to payment of unauthorized medical expenses.

The Board has granted a 40 percent rating for temporomandibular joint syndrome, effective from September 28, 1998.

The Board has reopened the claim for service connection for Crohn's disease (claimed as a stomach condition, internal bleeding and blood in his urine and stool) due to new evidence submitted since the December 1991 denial.

The Board has determined that the veteran's residuals of a contusion of the left back warrant a 10 percent disability rating, effective from the date of the May 1957 grant of service connection.

The Board has granted a 60 percent evaluation for the veteran's herniated nucleus pulposus, L5-S1, status post laminectomies and neurological changes of the left lower extremity.

The veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the RO failing to consider relevant medical records and because of changes in the law regarding VA assistance.

The VA determined that the veteran's service-connected left heel spur does not warrant a rating higher than 10 percent, effective September 8, 1998.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected death pension benefits due to her deceased spouse not meeting the service requirements.

The veteran's service is not considered active military service for VA pension purposes, leading to a denial of the claim.

The Board denied the appellant's claims for reopening his service connection claims for arthralgia and eosinophilia, finding that no new and material evidence had been submitted.

The VA has determined that the veteran's little finger disability, which involves degenerative changes and limited motion of the distal phalanx, warrants a 10 percent evaluation. The current rating is denied as it does not meet the criteria for a higher evaluation.