Other conditions decisions — 2005

The veteran's TDIU was granted effective January 12, 1998, when the rating criteria for his frozen feet residuals changed to allow separate evaluations for each foot. The veteran did not meet the schedular requirements for a TDIU prior to this date.

The Board denied the appellant's claims for service connection for a low back disorder, hypertension, and migraine headaches. The claim for a total disability rating based on individual unemployability due to service-connected disability was also denied.

The Board denied the veteran's claims for increased ratings for her service-connected residuals of fractures to both left and right pubic rami, finding that the evidence did not support a rating in excess of 20 percent.

The Board has granted service connection for a gastrointestinal disability, classified as peptic ulcer disease, based on the presumption of service connection due to its onset within one year after service.

The Board found that the veteran does not have a diagnosed condition of PTSD related to an in-service stressor, and his bilateral hip disorder is not service-connected.

The veteran's compensation benefits were reduced due to his incarceration for a felony conviction, and the reduction was properly created. The veteran's dependent children are entitled to an apportionment of the compensation not payable to him.

The VA determined that the veteran's right hand fracture residuals do not warrant a rating higher than 10 percent.

The veteran's claims for secondary service connection for loss of bladder control, bowel control, use of both hands, and use of both feet are being remanded due to procedural considerations.

The Board denied the appellant's claim for an earlier effective date for death pension benefits, finding that the claim was received more than 45 days after the veteran's death and thus not entitled to a retroactive effective date.

The Board found no evidence to support the appellant's claim that his current left eye condition, including retinal telangiectasias, was incurred during active military service. The appeal is denied.

The Board has denied the veteran's claim of entitlement to service connection for loss of vision in the left eye, finding that her current left eye problems are not related to her service-connected migraine headaches.

The VA has denied the veteran's claim for an increased evaluation of his left knee disability, as it is already at its maximum schedular rating.

The veteran's claim for an increased rating for his duodenal ulcer, status post Billroth II procedure with antrectomy and bilateral vagotomy, status post gastric resection with conversion to Roux-en-Y gastrojejunostmy and a hiatal hernia was denied. The Board found that the evidence did not show moderate anemia or material weight loss, which are required for a higher rating under Diagnostic Code 7305.

The RO denied reopening the veteran's claim for service connection of back strain due to lack of new and material evidence.

The VA has denied the veteran's claim for an increased evaluation of his service-connected varicocele, currently rated as noncompensable.

The case is being remanded for further development to determine eligibility for Chapter 35 educational assistance benefits.

The Board found that VA surgical and medical treatment in 1978 did not result in additional disability of the veteran's left lower extremity, including varus deformity. The Board concluded that the proximate cause was not due to VA fault.

The Board has determined that the veteran's death was not caused or contributed to by any service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's lung disability was not incurred in or aggravated by service.,For the period from April 30, 1996 to May 3, 2004, his degenerative disc disease of the lumbar spine warranted a 40 percent evaluation.

The veteran's appeal seeking an earlier effective date for his total rating for depressive neurosis was denied as the NOD with the March 1992 decision assigning the November 21, 1991 effective date was untimely.