Other conditions decisions — 2005

The Board denied the veteran's claim for an increased rating for his service-connected bursitis of the left shoulder, finding that the current 30 percent disability rating adequately reflects the severity and symptoms of his condition.

The Board has determined that the veteran's right Achilles tendon condition was not incurred or aggravated during his active military service.

The Board has determined that the appellant did not have service in the United States Armed Forces, including as a member of the Philippine Commonwealth Army or recognized guerrillas. Therefore, the appellant is not considered a veteran for VA benefits purposes.

The Board denied the appellant's claim for an effective date prior to July 13, 2000, for death pension benefits as there was no evidence of a prior claim being received within one year after the veteran's death in August 1972.

The Board has determined that the veteran's bilateral patellofemoral pain syndrome does not warrant an evaluation in excess of 10 percent for either knee.

The Board has remanded the case due to incomplete information and a need for additional development, including obtaining medical records from private providers and soliciting statements from the veteran's sister.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound was denied due to his failure to report for a scheduled VA examination without good cause.

The veteran's service does not meet the threshold requirements for eligibility for VA pension benefits, as he did not serve at least 90 days of active duty and was not discharged or released from service due to a service-connected disability. As a result, his claim is denied.

The Board has determined that the veteran's currently diagnosed neurological disorder, referred to as Parkinsonism and Parkinson-like syndrome, was incurred in service due to in-service herbicide exposure in Vietnam.

The veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the current severity of his service-connected residuals of tonsillectomy.

The Board denied the veteran's claim for service connection for discoid lupus erythematosus, finding that there was no competent medical evidence linking the condition to his military service or within the one-year presumptive period following his separation from service.

The Board has determined that the veteran does not have a service-connected condition for vision impairment as it is diagnosed as myopia, which is not considered a disease or injury within the meaning of VA compensation laws.

The VA determined that the veteran's left rotator cuff strain is not related to his active service and denied his claim for service connection.

The veteran's claim for service connection for lymphoma, claimed as due to radiation exposure is being remanded. The tinnitus issue remains stayed pending the appeal of Smith v. Nicholson.

The Board has established an effective date of June 18, 1986 for a previously granted total disability rating based upon individual unemployability. The RO implemented this mandate in a November 2002 rating decision. However, the appellant disagrees with the effective or commencing date of the establishment of basic eligibility for Dependent's Educational Assistance (DEA). The case is being remanded to determine the proper commencing date for the award of DEA benefits.

The veteran's appeal is being remanded for additional development and consideration of his claims, including obtaining his VA Vocational Rehabilitation folder.

The Board has determined that the veteran does not have an acquired psychiatric disability, and therefore cannot grant service connection for a psychiatric disorder. The only diagnosed condition is a personality disorder.

The Board has remanded the case to the HEC for further development and assistance, including obtaining the veteran's RO claims file and readjudicating his claim.

The Board has granted an additional apportionment of the veteran's compensation benefits in the amount of $480 per month for his spouse, which is 20% of his total monthly VA compensation. This decision was made to address the appellant's financial hardship and her need for assistance with expenses.

The Board found that the veteran's service-connected PTSD did not cause or contribute to his death, and denied the claim for service connection for the cause of death.