Other conditions decisions — 2005

The VA denied an increased rating for the veteran's service-connected right hip disorder, as his current disability does not meet the criteria for a higher rating.

The veteran's service-connected residuals, postoperative compound fracture of the left tibia-fibula have been rated at 10 percent since October 27, 2001. The RO has granted a higher evaluation for this disability.

The VA granted service connection for the veteran's residual tumor in the distal sacral nerve root and assigned a rating of 60 percent effective September 19, 2002. The condition is manifested by moderate to severe limitation of motion.

The Board found that the veteran's disabilities, including his tongue deviation, difficulty swallowing, speech problems, left carotid artery occlusion (resulting in heart attack), and abdominal aortic aneurysm, were not caused by VA carelessness, negligence, or error. The decision concluded that benefits under 38 U.S.C.A. § 1151 are not warranted.

The Board has determined that the appellant's hammertoe of the right and left feet do not meet the criteria for a compensable evaluation.,Regarding his bilateral hearing loss disability and tinnitus, additional development is needed as there are incomplete records in the file.

The Board has determined that the veteran does not have bilateral defective hearing and therefore, service connection for this condition is denied.

The veteran's claim for increased improved disability pension benefits due to additional unreimbursed medical expenses, which was received more than a year after his death, was denied as the evidence of record at the time of his death did not support such benefits.

The veteran's claim for basic eligibility for VA educational assistance benefits under Chapter 32, Title 38, United States Code is denied as she did not participate in the Veteran's Educational Assistance Program (VEAP) during active service.

The veteran seeks service connection for non-Hodgkin's lymphoma, which is associated with exposure to herbicide agents. The RO has requested additional information from the National Personnel Records Center and will attempt to confirm the veteran's alleged stay in Vietnam.

The appellant is not eligible for an extension of her educational assistance due to the fact that she did not suspend her education program after starting it on August 30, 1999. The Board found that her eligibility ended when she completed her university degree in May 2004.

The Board denied the veteran's claims for service connection for low back disability and hearing loss, finding no evidence linking these conditions to his military service.

The appeal is being remanded to schedule the appellant for a hearing before a Veterans Law Judge traveling to the RO.

The Board has denied the appellant's requests for waivers of overpayments in the amounts of $2,366 and $12,347 due to their untimely filing.

The veteran's application for enrollment in the VA healthcare system is being remanded due to his request for a hearing before a Veterans Law Judge.

The VA has denied the veteran's claim for an initial evaluation in excess of 40 percent for her service-connected muscle/joint/upper back pain with fatigue and a sleep disorder, as it is shown to be constant and refractory to multiple forms of therapy.

The veteran's schizoaffective disorder is currently rated at 50 percent disabling, effective March 24, 1998. The case was remanded for additional development and the RO has granted service connection for this condition with an effective date of March 24, 1998. However, he remains unable to secure or follow substantially gainful employment due to his psychiatric disability.

The veteran's back disability was rated at 20 percent prior to January 30, 2003 and denied for a higher rating. The claim is pending for an evaluation in excess of 40 percent from January 30, 2003.

The Board denied the veteran's claim for an earlier effective date for additional compensation for a dependent spouse, finding that the earliest eligible date was September 1, 2001.

The veteran's left hand disability, characterized by amputations of the index and long fingers, is currently rated at 30 percent. The Board denied a higher rating as there was no evidence to support an evaluation in excess of this level.

The VA determined that the veteran's scoliosis of the thoracic and lumbar spine does not warrant a compensable rating, as it did not meet the criteria for any higher evaluation under the applicable diagnostic codes.