Other conditions decisions — 2003

The Board denied the veteran's claim for non-service-connected disability pension benefits as his service did not meet threshold eligibility requirements.

The Board found that the evidence did not support a finding of service connection for the veteran's skull injury, as there was no in-service injury and no medical evidence linking the current condition to service.

The Board denied the veteran's claim for service connection of cancer of the right leg as secondary to his service-connected right knee disability, finding that there was no evidence supporting this contention.

The Board has granted a 30 percent disability rating for the veteran's service-connected status post fractured pelvis with right hip pain, effective July 1, 2001.

The Board is remanding the case for further development, including scheduling a videoconference hearing before the Board at the next available opportunity.

The Board has granted a 20% disability rating for the veteran's service-connected patellofemoral syndrome and degenerative changes in the right knee. The current medical findings do not warrant a higher evaluation under any applicable rating codes.

The Board found that the veteran does not have residuals of a cold injury to the lower extremities, and thus denied his claim for service connection.

The Board found that the appellant's Behçet's syndrome most nearly approximates a disability manifested by symptom combinations productive of definite impairment of health or by incapacitating episodes occurring not more than three times per year, warranting a 40 percent rating.

The veteran's claim for higher SMC was denied as he does not meet the criteria for a rate above the intermediate level between 38 U.S.C.A. § 1114(l) and (m).

The veteran's duodenal ulcer disease with colonic motility dysfunction has been manifested by more or less constant abdominal distress, but absent active duodenal ulcer disease. The Board finds that the evidence supports a rating of 30 percent for this condition.

The Board found that the veteran's current back disability, ankylosing spondylitis, was not incurred in or aggravated by active service and denied his claim for service connection.

The Board denied the appellant's claim for educational assistance benefits under Chapter 32, Title 38, United States Code due to his failure to resume contributions to the program.

The Board denied the veteran's claims of service connection for alcoholism and a character disorder, finding no new and material evidence to reopen these previously denied claims.

The veteran's service-connected dysrhythmia with PVC's is primarily manifested by occasional PVCs, shortness of breath, lightheadedness, palpitations producing heaviness with radiation into the left arm, and mild precordial tenderness consistent with costochondralgia. The Board finds that these symptoms do not warrant a rating in excess of 10 percent.

The Board denied a noncompensable evaluation for decreased right hand grip with weakness due to hereditary spastic paraplegia, finding the evidence did not support a compensable rating.

The Board has granted a rating of 10 percent for the veteran's service-connected verruca vulgaris (warts) on the left hand and wrist, effective from August 30, 2002. The condition is rated as superficial scars with poorly nourished areas that do not meet criteria for higher ratings under the amended regulations.

The Board has remanded the case to obtain additional medical records and arrange for appropriate examinations. The issues of service connection for residuals of a spinal injury, defective hearing, and whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for residuals of a head injury are being addressed.

The veteran's IDS with left sciatic nerve pain was rated at 60 percent effective August 1, 2001. The residuals of a left acetabulum fracture were not shown to be productive of any ascertainable disablement and thus did not warrant an initial compensable rating.

The veteran is granted an initial evaluation of 10 percent for a perforated septum and a compensable evaluation (10%) for the residuals of his right epididymectomy.

The veteran's death was caused by a service-connected condition, and he meets the requirements for Chapter 35 Dependents' Education Assistance benefits.