Other conditions decisions — 2005

The Board is remanding the case for a videoconference hearing before a Veterans Law Judge at the RO due to the previous hearing officer's retirement.

The Board has remanded the case for further review due to a change in hearing officer, and the appellant is requested to clarify if they want another hearing.

The Board denied the veteran's claims for higher ratings for his right clavicle fracture and seborrheic dermatitis and folliculitis of the scalp, finding that the current evaluations were appropriate.

The Board found no current skin disorder and concluded that the veteran's statements about a past skin condition were not supported by medical evidence. Therefore, service connection for a skin disorder was denied.

The Board found that the cause of death, coccidioidomycosis, was not service-connected and denied the claim for service connection.

The Board has determined that further development of the claim must be undertaken to ensure an informed decision is rendered. The appellant's HIV-related illnesses are currently evaluated as 60 percent disabling, and a comprehensive VA medical examination will be conducted to assess the severity of his condition.

The veteran's service-connected degenerative joint disease of the right elbow has been rated at 10 percent since May 22, 2002. The RO granted an increased rating for this condition.

The Board has determined that the veteran's current thoracic compression fracture is related to service, either directly or secondary to his service-connected right knee disorder. Service connection for this condition is granted.

The VA denied the appellant's claim to reopen her service connection for the cause of the veteran's death, stating that new and material evidence had not been received. The cause of death was attributed to leukemia, which the VA determined was not related to herbicide exposure.

The veteran's appeal for service connection for dementia has been dismissed due to his death.

The Board denied the appellant's attempt to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been provided.

The Board determined that the overpayment of educational assistance benefits in the amount of $2,574.00 was properly created and denied the appellant's claim.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that his bladder, bowel, and penile dysfunction were not caused by the November 1994 knee surgery performed by VA.

The Board denied the veteran's claims for increased rating and TDIU due to his service-connected undifferentiated somatoform disorder, finding that the disability did not meet or approximate the criteria for a higher evaluation.

The veteran's claims for increased evaluations and an earlier effective date for his ulcerative colitis were denied. His claim for a compensable evaluation for sclerosing cholangitis was also denied.

The VA determined that the veteran does not have a current diagnosis of an eating disorder and denied his claim for service connection.

The Board finds that the veteran did not meet the criteria for payment of VA benefits at the full-dollar rate prior to June 20, 2002. The effective date for such benefits is therefore denied.

The veteran's claim for an increased rating and earlier effective date for malocclusion was denied. The Board found that the evidence did not show an increase in disability within a year of the September 22, 1999 claim, so the effective date could not be earlier than September 22, 1999.

The veteran's bilateral bunions of the 5th toes are manifested by corn formation with episodic painful flare-ups, but she has not required resection of the metatarsal head nor does the overall disability result in the functional equivalent of amputation of either toe. The Board finds that a rating higher than the assigned noncompensable (zero) percent rating is not warranted.

The veteran's claim for service connection for chest pain is pending, and his increased rating claim for residuals of fractures of the left scapula and left third rib has been granted with a 10% disability rating effective February 2000. The case is being remanded to obtain necessary evidence and provide a VA examination.