Other conditions decisions — 2005

The Board denied a disability rating greater than 40 percent for DJD at L4-5 with herniated disc and denied an earlier effective date for the award of a 40 percent disability rating.,The veteran's claim was initially denied in March 2000, but he did not appeal. The RO increased his disability rating to 40 percent in November 2002, effective February 25, 2000.

The Board has remanded the case due to a need for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for service connection for TMJ dysfunction will be reconsidered.

The Board has determined that the veteran's bilateral foot disorder is not related to his active service and therefore denied his claim for service connection.

The Board has determined that the overpayment of $7,932 was properly created and granted a waiver for recovery.

The veteran's right inguinal hernia was rated as noncompensable prior to May 20, 2004 and granted a 10 percent rating effective May 20, 2004. The postoperative right hydrocele is not compensable.

The Board denied the veteran's claim for service connection for a skin disorder claimed as soft tissue/cell sarcoma, finding no competent evidence of current disability or a relationship to service.

The Board found that the veteran's current right eye disability, including retinal detachment, was not incurred in or as a result of military service.

The VA determined that the veteran's service-connected calluses of the right foot do not warrant a rating in excess of 10 percent, as there is no evidence of infection, musculoskeletal deformity, limitation of motion, loss of sensation or vascular changes due to the condition.

The Board found that the veteran did not have combat duty and his alleged in-service stressors were not corroborated by official records or any other supportive evidence. Therefore, service connection for PTSD is not warranted.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or on housebound status was denied because he failed to report for a scheduled VA examination without good cause.

The Board denied the appellant's request to reopen her claim for DIC under 38 U.S.C.A. § 1151, finding that new and material evidence had not been submitted.

The Board found that the veteran's current bilateral defective hearing is not related to his military service and denied his claim for service connection.

The Board has remanded the case for an initial determination regarding the appellant's status as 'surviving spouse' of the veteran, and to determine if DIC benefits under either cause of death or 38 U.S.C.A. § 1151 should be granted.

The Board found that the veteran's service-connected bursitis of the left elbow is primarily manifested by pain on motion and crepitus, but with no objective findings of limitation of flexion or extension. Therefore, the criteria for entitlement to a higher rating have not been met.

The Board found that the veteran's total abdominal hysterectomy was not proximately due to or the result of her service-connected cervicitis/vaginitis, and thus denied her claim.

The Board found that the veteran does not have an asbestos-related disease and denied his claim for service connection for a lung disability as secondary to asbestos exposure.

The Board found that the veteran's exposure to asbestos did not result in any diagnosed disabilities and denied his claims for service connection.

The Board finds that the requested modification of the veteran's truck to lower it would assist him in safely transferring from his wheelchair into the driver's seat, and grants this claim.

The Board has determined that the appellant's delimiting date for receiving educational assistance benefits under Chapter 30 is June 8, 2003. The appeal is denied.

The Board has determined that the veteran's current defective vision is not service-connected, as it is considered a refractive error and not an acquired eye disorder.