Other conditions decisions — 2001

The veteran's claim for an earlier effective date for the award of special monthly pension benefits based on the need for regular aid and attendance has been denied. The Board found that January 18, 2000 is the earliest date upon which entitlement to such benefits may be established.

The veteran's postoperative bilateral tarsal tunnel syndrome with neuropathy is currently rated at 30 percent for both feet, effective from October 18, 1994 to December 1, 1994. The RO has granted a temporary total rating due to convalescence following the ankle surgery.

The Board has determined that the veteran's service-connected shell fragment wound of the right hand warrants an increased evaluation to 20 percent, reflecting full range of motion and additional functional impairment due to his service-connected disability.

The veteran's appeal is being remanded due to the recent enactment of the Veterans Claims Assistance Act (VCAA). The case will be readjudicated in light of the VCAA and further development, including obtaining medical records and scheduling a VA examination, will be required.

The Board granted service connection for the cause of the veteran's death based on VAOPGCPREC 2-93 and new and material evidence submitted by the appellant, effective March 10, 1997.

The Board found that the reduction in ratings from 20 percent to 10 percent for postoperative left and right fibula fractures with calcaneal spurs was not warranted, as it did not consider all applicable rating criteria.

The veteran's claim of entitlement to an increased evaluation for his service-connected left foot condition was denied. The issue regarding the July 29, 1985 rating decision containing clear and unmistakable error (CUE) was also denied.

The Board found that the veteran's left knee disability, which included postoperative residuals of anterior cruciate ligament damage, did not warrant an evaluation in excess of 20 percent.

The Board has determined that the evidence submitted since the October 1957 rating decision is not new and material, thus denying the veteran's request to reopen his claim of entitlement to service connection for a right eye disability.

The Board has remanded the case due to a significant change in the law brought about by the VCAA, necessitating compliance with new notification and duty-to-assist provisions.

The Board denied the veteran's claims for an earlier effective date and a higher initial rating for his service-connected residuals of a pilonidal cystectomy. The veteran was granted service connection in March 28, 1994 but not before that date. His current disability evaluation remains at 10 percent.

The Board has granted increased ratings for the veteran's service-connected right elbow injury with ulnar nerve entrapment, malalignment syndrome of the right patella, and malalignment syndrome of the left patella.

The Board has granted the initial evaluation of 10 percent for the disability of the second toe of the left foot, but denied an earlier effective date. The appellant's second left toe disability is manifested by complaints of pain and partial ankylosis.

The Board denied the appellant's request to reopen his claim for basic eligibility for VA benefits due to a lack of new and material evidence.

The Board has denied the veteran's claim for service connection for myelogenous leukemia as secondary to exposure to Agent Orange due to a lack of evidence supporting his assertions and because there is no presumption available given the absence of an enumerated condition.

The Board denied the veteran's claim for payment or reimbursement of medical expenses incurred at Milton S. Hershey Medical Center due to a lack of an express or implied contract between VA and the veteran, as well as the absence of a medical emergency that would have made it hazardous to delay treatment.

The Board denied the veteran's claim for service connection for chronic blepharitis and partial nasolacrimal duct obstruction, finding that his current eye conditions were not related to mustard gas exposure during service.

The Board has granted the veteran's claim for service connection for dizziness, finding that it is at least as likely as not related to his military service. The case was remanded due to new evidence and VA claims assistance act of 2000 requirements.

The Board has dismissed the appeal because the veteran died before a decision could be made on the merits of his claim.

The Board has denied the veteran's claim for an increased rating for peptic ulcer disease, finding that the current disability picture does not meet the criteria for a higher evaluation.