Other conditions decisions — 2005

The veteran's appeal for a higher rating and earlier effective date was granted. The disability remains rated at 30 percent, with the effective date remaining unchanged.

The appellant is not eligible for VA death benefits beyond age 23 as her father had a dishonorable discharge and she was over the age of 23 at the time of her claim.

The Board has determined that the veteran does not have residuals of frozen feet related to his military service and therefore denied his claim for service connection.

The veteran's claim for an increased rating for his shell fragment wounds to Muscle Group VI, right, with fracture of the humerus is denied as he does not meet criteria for a higher rating.

The Board has granted increased ratings of 30 percent for the service-connected postoperative status, surgical repair of the extensor hallucis longus, left foot, and a 30 percent rating for the service-connected postoperative status, arthrodesis, status posttraumatic arthritis of the left tibial talar joint.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for her service-connected Pelligrini-Stieda disease of the right knee, finding that no more than a 10 percent evaluation was warranted based on slight impairment.

The Board denied an increased rating for the veteran's healed fracture of the distal third of the left femur with myositis ossificans into the quadriceps muscle, finding that his disability warranted no more than a 10 percent rating.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection for arthritis of the neck, resulting in a denial.

The appellant is not recognized as the surviving spouse of the veteran for VA death benefits due to a lack of continuous cohabitation.

The Board denied service connection for a gastrointestinal disorder and did not address the right elbow disorder claim. The veteran's new evidence does not establish a link between his current conditions and military service.

The Board has remanded the case due to deficiencies in VCAA notice and for additional development of the claims.

The Board has determined that the veteran does not have a current disability of a deviated nasal septum, and thus service connection for this condition is denied.

The Board denied an earlier effective date for the grant of service connection for lung impairment, including bullous lung disease with history of spontaneous pneumothorax and recurring pneumonia. The veteran's claim was previously denied in October 1975, January 1979, and February 1990.

The Board has determined that the case requires further development due to recent changes in the veteran's compensation benefits and updated financial information. The appellant's claim for apportionment of the veteran's service-connected disability compensation benefits is being remanded for additional review.

The appellant's claim for DIC benefits under the provisions of 38 U.S.C.A. § 1318 is denied as the veteran was not receiving or entitled to receive compensation for a service-connected disability rated totally disabling by VA.

The Board has determined that the veteran's chondromalacia patella of both knees does not warrant an evaluation in excess of 10 percent.

The Board denied the veteran's claims of service connection for a skin condition of the feet, PTSD, residuals of a left ankle sprain, and bilateral hearing loss. The decision found no evidence of in-service injury or disease that led to these conditions.

The Board found that the veteran did not have osteomyelitis as a result of disease or injury during his active service and denied the claim for service connection.

The Board has remanded the case due to incomplete notification and development, including verifying additional military service beyond May 1997 and obtaining a VA oncology examination for medical opinion on the date of onset of multiple myeloma.

The Board has determined that a VA medical review of the veteran's claims file and an opinion regarding the relationship between his service-connected disabilities and cause of death is necessary.