Other conditions decisions — 2005

The Board has determined that the veteran is entitled to Chapter 30 educational assistance benefits for four hours of coursework (PSY 250) completed by him at ASCC between August 1993 and July 1995. However, he is not eligible for payment of educational assistance benefits under Chapter 30 for twelve hours of course work (MAT 110, NUT 150, CJ 165, and SAM 151).

The veteran's claims for increased ratings for his service-connected conditions have been granted, with a rating of 10 percent for each condition.

The Board has determined that the veteran's soft tissue sarcoma of the left hip is not proximately due to or the result of his service-connected gunshot wound to the left thigh.

The Board has reopened the veteran's claim for service connection for refractive error and bilateral macular degeneration, finding new and material evidence. However, it denied the claim on the merits.

The Board has reopened the veteran's claim for service connection for refractive error and bilateral macular disease, finding new and material evidence. However, it was determined that the current eye disorders are not related to service or service-connected migratory polyarthritis.

The Board granted an earlier effective date of February 6, 1991 for the award of dependency and indemnity compensation (DIC) benefits based on the appellant's claim filed in August 1983. The effective date is determined to be the date of receipt of her claim rather than the date of death.

The Board denied service connection for a neurological disorder and the claim to reopen a psychiatric disorder due to lack of new and material evidence.

The RO denied the veteran's request for a separate rating for non-union of the ulna, which was not clearly and unmistakably erroneous. The effective date for the separate 20 percent rating for non-union of the ulna remains July 21, 1992.

The Board has determined that the veteran's nonunion of fracture of the right carponavicular warrants a 10 percent disability rating, as this is the maximum schedular evaluation available under Diagnostic Code 5215. The evidence does not support a higher rating.

The Board has remanded the case for additional development due to inconsistencies in medical evaluations and opinions regarding the veteran's service-connected disabilities.

The Board has reopened the veteran's claim for service connection for chronic respiratory disorder due to new and material evidence submitted since the last final decision. The Board also found that any preexisting respiratory disability was aggravated in and/or as a result of active service.

The veteran is seeking service connection for a gunshot wound to his right leg, but the RO has requested additional medical records from the VA Medical Center in Decatur, Georgia, to determine if there are any post-service treatment records that could support his claim.

The Board has determined that the veteran's panic disorder with agoraphobia is related to his period of active service, and thus grants the claim for service connection.

The Board has granted the veteran's request to reopen his claim of entitlement to service connection for left leg disability, finding that new and material evidence has been submitted. The case is now remanded for further development.

The veteran's left knee disability, resulting from a fracture of the tibia, is currently rated at 10 percent disabling. The VA examiner found that the range of motion was limited by pain but not to a degree warranting a higher rating.

The Board denied the veteran's claims of service connection for malnutrition and heart disease, finding that there was no current evidence of these conditions. The veteran served as a POW but did not have malnutrition or any other condition related to his status as a POW.

The veteran seeks service connection for tonsillar fossa and/or lateral oropharyngeal squamous cell cancer with metastases, including left parotoid. The RO denied this claim as the condition is not a presumptive disease associated with herbicide exposure.

The Board has determined that new and material evidence has been submitted, allowing the veteran's claim of entitlement to service connection for a nervous disorder to be reopened. The issue is now on its merits.

The VA denied an increased rating for bronchial spasms, currently evaluated as 10 percent disabling.

The VA determined that the veteran's DLE affects less than 20 percent of his total body surface and no more than 10 percent of exposed areas, with visible or palpable tissue loss. The disability does not meet criteria for a higher rating under Diagnostic Code 7806.