Other conditions decisions — 2005

The veteran was granted a 100% disability rating for emphysema effective January 22, 2004. He had previously been rated at 30%, and the Board found that he needed outpatient oxygen therapy to warrant this higher rating.

The veteran's claim for an initial compensable evaluation for residuals of bilateral inguinal hernia repair with residual pain is being remanded due to the need for a new VA examination and consideration of all residuals, including scars.

The veteran's appeal is remanded due to the need for a new VA examination and retrieval of additional VA outpatient clinic records.

The Board found that the veteran's back disorder, spondylolysis and spondylolisthesis of L5-S1, does not warrant a rating higher than the current 10 percent assigned at the time of the initial grant of service connection.

The veteran's appeal for an initial evaluation for residuals of a stress fracture of the left femur was withdrawn prior to the Board's decision. The case is dismissed as there are no remaining issues for appellate consideration.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no competent evidence linking any disability listed on his death certificate to his active duty.

The Board denied the veteran's claim to reopen his service connection claim for a nervous condition because no new and material evidence had been submitted.

The VA has determined that the veteran's bilateral nasal pterygium does not produce a vision impairment within the meaning of VA disability regulations, and therefore, does not meet the criteria for a compensable rating.

The veteran's claim for educational assistance benefits after December 11, 2003 is denied as he had already exhausted his entitlement to the benefits by November 6, 2003.

The veteran's increased rating claims for his service-connected right leg and foot shell fragment wound residuals, as well as his claim for service connection for peripheral vascular disease secondary to these conditions, were denied by the RO.

The veteran's appeal is denied as she does not meet the eligibility requirements for educational assistance benefits under Chapter 30, Title 38 United States Code.

The veteran requested to withdraw his appeal regarding service connection for a liver disorder, and the Board has dismissed the case as a result.

The veteran's claim for an earlier effective date for service connection of transitional cell carcinoma of the bladder was denied. The Board found that there was no clear and unmistakable error in prior rating decisions denying service connection.

The Board finds that M.A.H. can be recognized as the veteran's surviving spouse for VA benefits purposes.

The veteran's claim for service connection for HIV has been denied because new and material evidence was not submitted, and the appeal is dismissed due to the veteran's death.

The Board has determined that the veteran's right-sided weakness and back pain are not attributable to VA-administered lumbar punctures in 1989, as his current conditions are considered to be related to other factors such as degenerative disc disease.

The veteran's appeal for an increased rating for amebiasis has been withdrawn, resulting in the dismissal of the appeal.

The Board denied the appellant's claim of entitlement to service connection for arthritis of multiple joints, finding that there was no direct or secondary relationship between his current condition and his military service.

The Board granted service connection for degenerative disc disease with arthritis of the lumbar spine, assigning a 60 percent rating effective March 23, 2005. The veteran's original claim for increased disability rating was denied.

The Board has determined that the veteran does not have chronic urinary tract infections, including urethritis, and therefore service connection is denied.