Other conditions decisions — 2006

The veteran's claim for an earlier effective date for the award of service connection for postoperative residuals of a total laryngectomy due to laryngeal cancer with aphonia is denied as he is legally precluded from receiving such an effective date.

The Board has determined that the veteran's bronchiectasis warrants a 60 percent disability rating, based on his pulmonary function test results.

The Board has determined that the appellant did not have qualifying service to be eligible for nonservice-connected disability pension benefits.

The veteran's claims for increased ratings for his service-connected shell fragment wounds to the right buttock and right leg are being remanded due to the need for a contemporaneous medical opinion regarding the current severity of these conditions.

The Board granted an increased evaluation to 40 percent for the veteran's service-connected residuals of a shell fragment wound, right buttock, with fractured ilium and retained foreign body. The claim for an increased evaluation for the small bowel contusion was denied as there is no current evidence of such condition. The laparotomy scar received a noncompensable initial evaluation.

The veteran's appeal for increased ratings for service-connected gunshot wound and fracture of the spine and right scapula, as well as fracture of the right humerus, has been dismissed due to the death of the appellant.

The Board has determined that the cause of the veteran's death is not service-connected, as there is no evidence linking any current disabilities to his military service.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida, finding that she has been diagnosed with spina bifida occulta and is not entitled to the benefit as it applies only to all forms and manifestations of spina bifida except spina bifida occulta.

The Board denied the appellant's claim for nonservice-connected pension benefits as he did not meet the basic eligibility requirements due to lack of active military service.

The case is remanded for a VA examination to determine the severity of the residuals of the shrapnel wound to the left hip, including any injury to muscle groups and the range of motion. The appeal will be re-adjudicated after this additional development.

The Board has remanded the case due to incomplete VA medical records and potential informal claims for increased disability ratings.

The Board denied reopening the veteran's claim for service connection for Legg-Calve-Perthe's disease, status post total right hip replacement due to lack of new and material evidence.

The veteran's appeal is being remanded due to the need for further development and notification under the VCAA.

The Board denied the veteran's widow's claim for accrued benefits based on unreimbursed medical expenses because there was no evidence in the file at the time of his death to reasonably estimate the veteran's unreimbursed medical expenses.

The VA determined that the veteran's peptic ulcer disease with epigastric hernia does not meet or approximate the criteria for a disability rating higher than 10 percent.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has remanded the case due to medical questions that cannot be answered by the Board, and a VA physician is needed to provide an opinion on whether the veteran has a chronic genitourinary disorder related to service.

The Board has determined that the veteran requires a higher level of care and is entitled to additional aid and attendance benefits.

The Board has granted a 10 percent rating for the veteran's gall bladder surgery, status post cholecystectomy, finding that his symptoms are mild to moderate.

The Board has determined that the veteran does not have a current respiratory disorder or small airway disease related to service, and thus denied his claim for service connection.