Other conditions decisions — 2005

The veteran's appeal is to determine if an effective date earlier than April 24, 2001 for a total disability rating based on individual unemployability (TDIU) should be granted. The case has been remanded due to the poor recording quality of the hearing and the need to schedule another Travel Board hearing.

The Board denied the veteran's claims for service connection for residuals of a groin pull, left leg and an acquired psychiatric disorder, including paranoid schizophrenia. The veteran did not have current residuals of a groin pull from service, and his acquired psychiatric disorder was not related to service.

The Board has determined that the veteran's varicose veins do not warrant an evaluation in excess of 20 percent for either lower extremity.,The evidence does not show persistent edema, stasis pigmentation or eczema, or intermittent ulceration.

The Board has granted a 20 percent rating for the veteran's service-connected shell fragment wound residuals of the right thigh, finding that the injury is moderate in nature.

The veteran's claim for educational benefits under Chapter 30, Title 38, United States Code, for the period of training from January 7, 2002 to July 12, 2002 is denied as there was no certification by VA prior to September 10, 2002.

The Board has determined that the veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by his active duty service. The criteria for entitlement to dependents' educational assistance benefits have also not been met.

The claim was denied because the veteran did not attend all required classes at Ramon Magsaysay Technological University (RMTU) for the period from June 4, 2001 to April 4, 2003. The VA Office of Inspector General determined that fraud was committed by veterans attending RMTU resulting in losses to the VA of approximately $1.3 million. The claim is being remanded due to lack of documentation regarding participation in fraudulent activities.

The appellant has withdrawn her appeal, and the Board cannot proceed with the case.

The Board denied service connection for residuals of adenocarcinoma of the prostate and transitional cell carcinoma of the bladder as secondary to asbestos/radiation exposure.,There is no evidence linking these cancers to service or a period of one year following service.

The veteran's unauthorized medical expenses incurred at Lexington Medical Center on July 3, 2003 were denied because the treatment was for a non-service-connected condition and no VA facility was feasibly available.

The Board has determined that the veteran's cataracts were not incurred or aggravated by active military service, and therefore denied his claim for service connection based on exposure to bright sunlight while serving in Vietnam.

The Board denied service connection for joint pain and memory impairment as due to an undiagnosed illness related to service in the Southwest Asia theater during the Persian Gulf War, finding no medical evidence supporting these claims.

The Board denied service connection for the claimed disabilities, including diverticulitis, colitis, bleeding from the rectum, prostatitis, emphysema, Barrett's esophagus, and ulcerated stomach, all claimed as secondary to asbestos exposure.

The Board has determined that the veteran does not have residuals of pneumonia or a lung disorder related to his active duty service. The claim for service connection is denied.

The Board denied the appellant's claim for an apportionment of the veteran's VA compensation benefits on behalf of his minor child due to the veteran reasonably providing support and no demonstrated financial hardship.

The Board found that avascular necrosis of the hips did not occur during service and is not related to any incident or disability caused during service. The claim was denied.

The Board has determined that the veteran's claim for service connection for muscle damage involving the left buttock and hip, as secondary to his service-connected disability, is moot because the condition is already part of the service-connected sacroiliac dysfunction. The veteran's donor site scar at the left iliac crest is rated 10 percent disabling based on its area not exceeding 2 square inches (144 sq. cm.). The veteran's post-operative residuals of cyst removal, medial aspect of the left distal femur, to include tender scar at the elected site, are currently rated 20 percent disabling and cannot be increased as it has been in effect for more than 20 years.

The Board found no evidence to support the veteran's claim for service connection for a stomach disorder, including as due to herbicide exposure. The veteran's current diagnoses were not related to his military service.

The appellant's father served in the Philippine Scouts and was granted compensation benefits. However, this service is not eligible for burial benefits due to specific legal provisions.

The veteran's appeal is remanded for another VA examination to determine the severity of his service-connected calluses of the feet and to distinguish any manifestations from non-service connected disorders. The case will then be readjudicated.