Other conditions decisions — 2001

The veteran's claim for reimbursement of unauthorized medical expenses incurred at a private hospital is denied as he does not have any adjudicated service-connected disabilities.

The veteran's service-connected schizoaffective disorder is rated at 70 percent, and his service-connected duodenal ulcer disease is not considered for a higher rating. The veteran is granted TDIU based on his service-connected disabilities.

The Board has determined that a 10 percent disability rating for defective vision of the left eye is appropriate and denied any higher rating.

The veteran's claim for an increased rating for her service-connected granuloma uveitis of the right eye was denied by the Board. The VA examiner found that the veteran does not have sufficient impairment in visual acuity or field loss to warrant a higher than 10 percent rating.

The Board has remanded the case due to the need for additional development, including obtaining updated medical records and conducting a VA examination.

The Board has determined that an earlier effective date for the increased disability evaluation of 10% for the residuals of a healed fracture of the right tibia is denied as it was not factually ascertainable that there had been an increase in disability within one year prior to the receipt of the claim on January 15, 1998.

The Board denied an initial rating in excess of 40 percent for bilateral spondylolysis at L-5 with spondylolisthesis and postoperative residuals of a laminectomy.

The Board has denied the veteran's claims for increased evaluations for her right and left tarsal tunnel syndrome with heel spurs, finding that she failed to report for a VA examination scheduled in conjunction with her claims.

The Board denied the appellant's request to reopen his claim of qualifying service for VA benefits, finding that no new and material evidence had been submitted.

The Board denied the veteran's request for an earlier effective date of January 13, 1999 for his total disability rating based on individual unemployability due to service-connected disabilities. The RO granted a combined disability rating of 50% as of that date.

The appellant's son was not permanently incapable of self-support prior to his 18th birthday, and therefore is ineligible for recognition as the veteran's surviving child.

The Board has determined that the veteran no longer meets the criteria for special monthly compensation based on loss of use of a creative organ due to improvement in his semen count and subsequent birth of a child.

The appellant's service does not meet the requirements for VA nonservice-connected pension benefits as he did not have qualifying military service during a period of war or due to a disability incurred in service.

The veteran's claim for a rating in excess of 20 percent for his service-connected herniated nucleus pulposus, L5-S1, was denied by the Board. The case is being remanded to gather additional medical evidence and conduct further examinations.

The Board has determined that the veteran's claim for an increased rating from her original grant of service connection for herniated nucleus pulposus, status post L5 left hemilaminectomy and L5-S1 diskectomy is denied.

The Board denied the veteran's claims for service connection and initial compensable ratings for his prostate disability, fractures of fingers, and urethral stricture. The evidence did not support a current prostate disability or show that any of these conditions were incurred in or aggravated by service.

The veteran's death was caused by intraabdominal carcinomatosis, which the Board found not related to service or Agent Orange exposure. As a result, the claim for service connection for cause of death is denied.

The Board has reopened the veteran's claim for service connection for PTSD due to new evidence showing a diagnosis of PTSD. However, since there is no corroborating evidence that the non-combat related stressor actually occurred, the claim cannot be granted.

The Board has reopened the veteran's claim for service connection for arthritis of the feet and legs, but finds that there is no evidence to support a finding that this condition was incurred in or aggravated by active military service. The Board also notes that the veteran had treatment for acute arthritis during his period of service.

The veteran's claim for an increased rating for his service-connected right leg fracture residuals was granted, with a current disability rating of 10 percent.