Other conditions decisions — 2005

The veteran's post-operative residuals of a left radical nephrectomy have been rated at 30 percent since October 1, 1995. The RO reduced the rating from 100 percent due to cessation of cancer treatment.

The veteran's appeal for an effective date prior to April 25, 1994, for the award of increased special monthly compensation based on the need for regular aid and attendance has been withdrawn. No allegations of error remain.

The veteran's appeal for additional education assistance is denied as the law only provides for payment of educational assistance during the time of actual enrollment, and his claim fails due to absence of legal merit or lack of entitlement under the law.

The veteran is seeking an earlier effective date for a 100 percent evaluation for loss of use of both hands due to Charcot-Marie-Tooth disease, which was granted on April 26, 2004. He also seeks earlier effective dates for increased evaluations for weakness of the right and left hands.,The Board determined that an effective date prior to April 26, 2004 is not warranted for a 100 percent evaluation due to lack of evidence showing loss of use of both hands at that time. The veteran's claims for earlier effective dates for increased evaluations are denied.

The veteran's arthritis of the pelvis, thoracic spine, and lumbar spine with a rotary scoliosis is found to be service-connected.

The Board has remanded the case due to insufficient notification of VCAA requirements and for further development.

The veteran's heart disorder was rated at 30 percent prior to September 20, 2004 and at 60 percent on or after that date. The Board found the evidence did not support evaluations in excess of these ratings.

The Board has determined that the veteran's schizoaffective disorder did not begin during service and is not related to any incident of service. As a result, the claim for service connection for schizoaffective disorder is denied.

The Board has determined that the veteran's right eye disability, including early age-related macular degeneration and other conditions, is service-connected based on direct evidence. The rating assigned remains at zero percent.

The Board has determined that the veteran does not have a current disability manifested by nosebleeds or residuals of pneumonia, and thus service connection for these conditions is denied.

The Board determined that new and material evidence had not been received to reopen the claim of entitlement to service connection for a left ear condition.

The Board found that there was no clear and unmistakable error in the July 1945 rating decision denying service connection for chorioretinitis of the right eye. The claim is denied as new and material evidence has not been received to reopen the previously denied claim.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for otitis media of the left ear. The veteran's current disability is found to be directly related to his military service.

The veteran withdrew his appeal for service connection of a spinal condition due to shock treatment with bowel and bladder dysfunction as secondary to PTSD.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals (posterior interosseous nerve damage) of VA surgical repair of left distal biceps tendon rupture in January 2002, finding that the PIN palsy was not a reasonably foreseeable consequence of the surgery.

The Board finds that further development is necessary to decide if the veteran's current thoracic myelopathy with spastic paraplegia is related to service or a service-connected condition (to include dorsal myositis).

The veteran's claim for service connection for post traumatic stress disorder is being remanded due to the need for further medical examination and evaluation.

The Board found new and material evidence had not been submitted to reopen the claim of entitlement to service connection for bilateral myopia. The veteran's pre-existing bilateral myopia was deemed not aggravated by service.

The Board denied the veteran's claims for service connection for a respiratory condition, nasopharyngitis, and gastroenteritis. The evidence did not show that these conditions were related to his military service.

The veteran's appeal for special monthly compensation based on aid and attendance or housebound status has been dismissed due to the death of the veteran during the pendency of the appeal.