Other conditions decisions — 2005

The Board denied an increased disability rating for residuals of basilar skull fracture and determined that new and material evidence had not been submitted to reopen the claim for service connection for PTSD.

The Board has determined that the veteran's service-connected right ankle disability, manifested by marked limited motion of the right ankle, does not warrant an increased rating beyond the current 20 percent assigned.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for removal of his 5th rib during a right upper lobe wedge resection in November 2000, claiming residual pain as a result. The Board has determined that due process mandates a remand to determine if negligence was involved and what additional disability, if any, resulted from the procedure.

The veteran's claim for special monthly pension based on the need for aid and attendance of another person is being remanded due to outstanding records that have not been obtained.

The Board has determined that the appellant is entitled to recognition as the veteran's surviving spouse for the purpose of accrued benefits, effective from May 1, 2002.

The Board has remanded the case for additional development due to incomplete records and further assistance is needed.

The Board found that the veteran's optic neuritis was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred in service. The claim for service connection was denied.

The Board has determined that the appellant's discharge from service is dishonorable for VA purposes and therefore, he has no legal entitlement to VA benefits.

The veteran's residuals of a right fifth metacarpal fracture were rated at 10 percent, which was denied as the condition warranted staged ratings of 30 percent prior to May 17, 2004 and 10 percent from that date.

The Board denied an earlier effective date for the grant of service connection for the cause of the veteran's death, finding that the liberalizing provisions were effective as of March 26, 2002.

The Board has denied the veteran's application to reopen his previously denied claim for service connection for a circulatory condition resulting in peripheral vascular disease and amputations, finding that new and material evidence was not submitted.

The VA has denied a higher rating for the veteran's right ulnar styloid nonunion repair, currently rated at 20 percent.

The Board has denied the appellant's claims of entitlement to service connection for the cause of the veteran's death and accrued benefits due to a lack of qualifying service.

The Board has granted service connection for cold injury residuals of the lower extremities but denied service connection for cold injury residuals of the upper extremities.

The veteran died of pulmonary embolism due to colon cancer. The appeal is denied as the criteria for burial benefits have not been met.

The Board denied the appellant's claim for service connection for the cause of her husband's death due to lack of new and material evidence.

The veteran's only service-connected disability is rated as 40 percent disabling for residuals of a gunshot wound with fracture of the greater trochanter. The claim has been denied because he does not meet the minimum schedular criteria for consideration of a total rating based on individual unemployability due to service-connected disability.

The veteran is eligible for Chapter 30 educational benefits as he was discharged from service due to a pre-existing medical condition (overweight) that did not result in a disability and was not service-connected.

The Board found that there was no evidence linking the cause of the veteran's death to any service-connected disability, and denied both claims.

The Board has determined that the appellant's service-connected intervertebral disc syndrome at L3-S1 warrants a 60 percent evaluation, effective as of July 31, 2001. The claim for an earlier effective date remains unresolved.