Other conditions decisions — 2005

The veteran's service-connected post-operative residuals of a nasal pterygium of the left eye are not marked by impairment of visual acuity in one eye that is at least 20/50 and at least 20/40 in the other, resulting in a noncompensable disability rating.

The veteran's parasomnia was granted a rating of 30 percent from March 23, 2001, and increased to 50 percent from March 4, 2004. His bilateral hearing loss remained at 10 percent.

The veteran is seeking a specific evaluation for his service-connected bilateral eye disorder, specifically left eye optic atrophy with central visual field contracture and bilateral retinal lattice degeneration. The appeal is currently remanded to obtain additional medical records.

The Board denied an increased rating for the service-connected right knee disability, finding that the evidence did not meet the criteria for a higher evaluation.

The VA has denied the veteran's increased rating claims for his service-connected post traumatic arthritis, left hip and left elbow disabilities. The RO found that the current ratings adequately reflect the severity of these conditions.

The veteran's claim for additional educational assistance was denied as her eligibility had been exhausted after the end of her enrollment period. The Board found that VA did not have discretion to extend benefits beyond the certified ending date.

The Board has determined that the veteran's arthritis and low spine disorder are not related to his military service, and thus denied these claims.

The Board denied the veteran's claim for service connection for chronic myelocytic leukemia, finding that there was no evidence of a current disability related to his military service or exposure to herbicides. The appeal is dismissed.

The Board denied the veteran's claims of entitlement to an increased rating for residuals of a right tibia stress fracture and to service connection for psychiatric disability, specifically including stress disorder. The veteran's residuals of the right tibia stress fracture are currently evaluated as 10 percent disabling.

The Board denied service connection for a cardiovascular disorder, as it was not shown to be related to service or any incident therein. The veteran's other claims were also denied.

The Board denied the veteran's claims for service connection for carcinoid of the appendix with pseudomyxoma peritonei and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The cancer was not found related to herbicide exposure, and the presumptive provisions did not apply.

The Board found that there was new and material evidence to reopen the claim for service connection for the cause of death, but denied the claim due to the appellant no longer being considered a surviving spouse.

The Board dismissed the veteran's appeal because his VA Form 9, substantive appeal, was not received within the required time frame.

The veteran's claim for an increased evaluation for his service-connected herniated nucleus pulposus, L5 with right leg pain is being remanded due to the need for further development of medical records and a neurological examination.

The Board has determined that the effective date for the grant of service connection for occipital neuralgia cannot be earlier than June 26, 2002 due to a lack of pending claims prior to this date.

The Board finds that the cause of the veteran's death, rupture of the appendix, was not related to his military service or a service-connected disability. Therefore, the claim for service connection for the cause of the veteran's death is denied.

The RO has determined that the appellant is entitled to Dependents' Educational Assistance (DEA) benefits starting from April 21, 2002. The case is being remanded for scheduling a personal hearing.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her service did not qualify under VA regulations.

The veteran is seeking service connection for a cardiovascular disorder that he believes is related to his service-connected PTSD. The Board has decided the case should be remanded for further examination and opinion.

The veteran's request for payment or reimbursement of unauthorized medical expenses incurred from April 26, 2004 to April 30, 2004 at Sutter Medical Center, Santa Rosa, California is denied due to the presence of Medicare Part A coverage.