Other conditions decisions — 2005

The appellant withdrew her appeal for death pension benefits before a decision was made.

The VA treatment for the veteran's ventricular arrhythmia in June 2001 did not result in unforeseeable consequences, such as additional disability due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical providers.

The veteran's appeal has been dismissed due to his death.

The Board has determined that the veteran does not have residuals of an eye injury incurred in service, and thus denied his claim for service connection.

The Board has determined that the veteran does not have a current right great toe disability and finds no evidence of such in service. As such, the claim for service connection is denied.

The veteran's annual income exceeded the maximum limit for pension benefits, resulting in a denial of his claim.

The Board has determined that the veteran's bilateral shin splints were not incurred in or aggravated by his active service and denied the claim.

The Board has reopened the claim of service connection for the cause of the veteran's death due to new and material evidence. However, it was determined that the cause of death (squamous cell carcinoma) did not result from a disease or injury in service or a service-connected disability.

The Board has reopened the veteran's claim for service connection of keloid condition of the chest and face, finding that new evidence supports a relationship to service. The Board granted service connection based on direct service origin.

The VA did not find that the veteran's post-operative right hemidiaphragm paresis resulted from carelessness, negligence, or lack of proper skill during a VA treatment. The Board concluded that no additional disability was caused by VA treatment.

The VA denied an increased rating for myositis of the right, upper scapula as it did not meet the criteria for a higher rating.

The Board has determined that the earliest effective date for service connection of a right leg disability is December 6, 2002. The veteran's claim was reopened and granted based on new evidence submitted after final decisions in 1985 and 1987.

The veteran's claims for increased ratings for his service-connected shell fragment wounds of the left forearm, left thigh, and fifth metatarsal were denied as they do not meet the criteria for a higher disability rating.

The veteran's appeal is being remanded to the RO for additional development of his claims, including obtaining medical records and photographs of his scars. The specific right forearm scar for which service connection has been granted should be described in the re-adjudication.

The veteran's claim for retroactive educational assistance benefits prior to September 29, 2002 is denied as the applicable regulations prohibit payment of such benefits prior to one year from the date VA received the application.

The veteran is seeking reimbursement for unauthorized medical expenses incurred at a private facility on January 9, 2002. The Board has determined that the provisions of 38 U.S.C.A. § 1725 and its implementing regulations should be considered in adjudicating this claim.

The veteran's service-connected residuals of removal of a left heel spur are associated with varicose veins, thrombosis, and peripheral vascular disease in the left lower extremity. The VA has granted an increased rating to 10 percent for these residuals.

The Board denied service connection for arthritis of the hands, finding that there was no evidence linking current hand conditions to service. The veteran's only service-connected disability is lumbosacral strain with severe limitation of motion.

The veteran's intervertebral disc syndrome has been rated at 40 percent since July 21, 1998. The appeal is for a higher rating.

The veteran was granted service connection for a neurological disorder (facial dystonia) that is secondary to his service-connected cervical spine strain with headaches.,The disability evaluation for the cervical spine strain with headaches has been restored from noncompensable to 20 percent effective February 1, 1999.,The veteran's claim for a rating in excess of 10% for the cervical spine strain with headaches after July 19, 1999 was denied.