Other conditions decisions — 2004

The veteran's claims for higher ratings for residuals of cold injuries to the right and left feet have been granted, with a rating of 30 percent each since January 12, 1998.

The Board denied the veteran's claims for a compensable evaluation for impotence and an evaluation in excess of 20 percent for residuals of prostate cancer, finding that there was no evidence of penis deformity or metastasis.

The Board has determined that the veteran's service-connected thoracic spine disability warrants a 50 percent rating, effective from the date of his original claim in June 1980.

The Board has granted a 20 percent rating for the veteran's service-connected musculoligamentous strain in the right knee with ligamentous laxity, and denied any request for an increased evaluation for degenerative joint changes. The current effective date is not specified.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing negligence or fault on the part of VA in providing care, and found that the lower facial numbness was not caused by improper treatment.

The veteran's appeal is being remanded due to the need for additional development, including scheduling a VA examination and considering the appropriate rating criteria for intervertebral disc syndrome.

The Board found that the veteran's service-connected right hand disorder, characterized by avulsion fracture of the distal tip of the right fifth finger and a fracture of the mid and proximal shaft of the right fourth metacarpal with nerve damage to the dorsal cutaneous branch of the right ulnar nerve, is not more than moderate incomplete paralysis as contemplated by Diagnostic Code 8516. Therefore, the claim for an evaluation in excess of 30 percent was denied.

The Board denied the veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code due to his failure to meet all of the criteria.

The Board denied service connection for a chronic gastrointestinal disorder and sebaceous cysts on the upper back and chest, finding no evidence of such conditions in service or for many years thereafter.

The Board denied the veteran's claims for a higher rating for his right calf disorder and service connection for bilateral hip and knee disorders as secondary to that condition.

The Board denied the veteran's claim for a temporary total rating due to postoperative convalescence following left knee surgery in October 1999, finding that the surgery was not related to his service-connected chondromalacia patella and instead resulted from an unrelated work injury.

The Board denied the veteran's claim for service connection for bilateral defective hearing, finding that there was no evidence of chronic hearing loss during his military service and concluding that it is not at least as likely as not related to his military service.

The Board denied the veteran's claim for service connection for keratosis piloris, finding no evidence of a chronic condition during service or within presumptive periods. The Board also found no medical nexus linking the condition to his military service, including exposure to Agent Orange.

The Board has determined that the veteran's son, A.E., may not be recognized as his child for VA purposes due to enrollment in a home schooling program after reaching 18 years of age.

The Board has remanded the case for further development, including verification of service stressors and a VA examination to determine if the veteran meets the criteria for PTSD.

The Board denied the appellant's claim for accrued benefits in excess of $519.00, finding that the amount she received ($519) was appropriate given her mother's death pension and burial expenses.

The Board has granted service connection for the cause of the veteran's death due to his service-connected urolithiasis and found that he is eligible for dependent's educational assistance under Chapter 35, Title 38, United States Code.

The Board determined that the veteran's income was excessive for payment of special monthly pension based on being housebound during the annualization period from January to December 2000, and thus denied his claim.

The Board denied the veteran's claim of service connection for multiple myeloma, citing lack of evidence linking his condition to military service or exposure to herbicides.

The Board denied the veteran's claim for nonservice-connected pension benefits due to his income exceeding the maximum allowable limit.