Other conditions decisions — 2005

The VA determined that the veteran's right anal fistula repair does not meet criteria for a higher disability rating, as he does not have leakage or incontinence requiring special measures.

The Board denied the veteran's claim for service connection for a left hand disability, finding that it was not incurred in or aggravated by active service and is not related to his service-connected right wrist disability.

The veteran's service-connected left knee disabilities are rated at 30 percent for instability and 40 percent for limitation of motion, with the higher rating being granted.

The Board has denied the veteran's claim of service connection for a cerebrovascular accident, finding that there is no evidence showing its onset during active service or being related to any in-service disease or injury. The appeal regarding secondary service connection for varicose veins was also terminated as it did not meet legal requirements.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for medical and dental treatment he received at VA facilities since July 1974, which allegedly resulted in additional disability including a dental disability. The case is remanded to obtain all pertinent VA medical records and conduct a VA examination.

The Board found that the veteran's symptoms do not warrant an evaluation in excess of 20 percent for incomplete paralysis of the right long thoracic nerve with wing scapula, and denied his claim for a total rating based on individual unemployability due to service-connected disabilities.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied because the additional disabilities were not caused by VA's negligence or fault.

The Board denied service connection for a central nervous system disorder and an increased rating for pruritus of the scrotum and anus. The veteran's claims were not supported by evidence showing exposure to Agent Orange or other presumptive conditions.

The Board found no evidence to support a connection between the veteran's service-connected conditions and his death, nor did it find any evidence of exposure to Agent Orange or asbestos. The cause of death was determined to be pulmonary fibrosis due to CREST syndrome.

The VA granted service connection for right patellofemoral pain syndrome and assigned a non-compensable rating, which was later increased to 10 percent. The veteran continues to disagree with the level of disability assigned.

The Board has granted a 10 percent rating for the service-connected left fifth toe fracture residuals, effective from when the claim was filed.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the right elbow condition was not incurred in service and severed service connection for it.

The case is being returned to the RO for further development due to inconsistencies in the veteran's service dates and basic eligibility. The veteran's claim for educational assistance remains denied.

The veteran's application for enrollment in the VA healthcare system was denied due to his status as a nonservice-connected veteran and not being enrolled prior to January 17, 2003.

The Board has determined that the appellant's bad conduct discharge from service is a bar to VA benefits.

The veteran requested an earlier effective date for a non-service-connected pension award, but the Board found that the earliest possible effective date was January 7, 2002.

The Board denied the appellant's request for a waiver of overpayment in her DIC benefits, finding that recovery would not be against equity and good conscience due to the appellant's fault in continuing to receive expired benefits.

The Board denied the veteran's request for supplies and equipment related to his self-employment as an organic farmer, finding that such were not necessary to begin operations.

The veteran's search and rescue mission expenses incurred on June 27 and 28, 2001 were not covered by VA law as they did not involve providing medical care or transport to a facility.