Other conditions decisions — 2005

The Board has granted an earlier effective date of August 23, 1996 for the grant of service connection for the residuals of a recurrent right inguinal hernia, postoperative.

The Board denied the veteran's claim of entitlement to service connection for a pulmonary disorder, claimed as due to asbestos exposure, finding that there was no evidence of an asbestos disability that can be linked to service.

The Board denied the appellant's claim for tuition assistance benefits as it is not warranted due to a lack of entitlement under the law, as the courses were completed prior to April 3, 2002.

The Board denied the veteran's claims for service connection for a respiratory disorder and basal cell carcinoma, finding no competent medical evidence of current disabilities.

The case is being returned for further review by a Decision Review Officer due to the lack of DRO involvement. The appellant must submit evidence if she believes the cause of her husband's death is related to active service.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at a private hospital on August 3, 2003 is being remanded due to the need for clarification regarding whether it was considered a 'medical emergency' and if VA facilities were feasibly available.

The veteran's death was due to a heart attack caused by hypertensive cardiovascular disease. The appellant seeks accrued benefits for the month of her father's death, but the claim is denied as there were no active claims pending at the time of his death and he had been receiving a TDIU for over two years prior to his death.

The Board denied the veteran's claims for increased ratings for his service-connected right knee conditions, finding that the evidence did not support a higher rating than currently assigned.

The Board has ordered a remand to determine if the veteran's current residuals of brain injury are related to service, specifically whether they were aggravated during service.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a right eye disability, stating that any additional disability was not caused by VA treatment.

The veteran's corn on the left little toe was painful and required surgical removal. The postoperative residuals are rated as noncompensable, but there is a possibility of staged evaluations based on severity.

The Board denied the veteran's claim for an increased disability rating for his service-connected right lateral epicondylitis, currently rated at 10 percent.

The Board has determined that the veteran did not have arthritis during his period of active duty or within one year of separation, and there is no evidence to support a finding that it was otherwise related to service. As such, the claim for service connection for arthritis is denied.

The Board denied the veteran's claim for disability compensation under 38 U.S.C.A. § 1151 due to a lack of evidence showing that his cataracts, maldistribution of body fat, muscle weakness, immune system deficiency, sleeping difficulties, abdominal complaints, and joint pain were proximately caused by carelessness, negligence, or similar instance of fault on the part of VA in furnishing medical care.

The Board denied the veteran's claims for increased ratings for his service-connected blepharitis, finding that there was no evidence of active trachomatous conjunctivitis or impaired visual acuity due to the condition. The RO had previously assigned a 10 percent rating and later a 30 percent rating.

The Board has determined that the veteran's current cervical spine disability is not related to his active service or a service-connected condition, and thus denied his claim for service connection.

The veteran's only service-connected disability is chronic musculoskeletal pain, secondary to recurrent spasms of scapular-thoracic. This condition alone does not meet the criteria for a total disability rating based on individual unemployability (TDIU) as it does not result in a combined evaluation of at least 70 percent with one or more disabilities rated at 40 percent or higher.

The veteran's service-connected urethral stricture is rated at 60%, which meets the schedular requirements for TDIU. However, the VA examiner found that the urethral stricture does not render him unemployable due to its impact on his employment.

The Board denied the veteran's claims for increased ratings for her recurrent right ganglion cyst and polycystic ovary disease, finding that the evidence did not support a higher rating based on the current manifestations of these conditions.

The Board denied the veteran's claim for retroactive educational assistance benefits under Chapter 1606 of Title 10, United States Code, prior to May 8, 1996, as he did not apply for benefits until May 8, 1997.