Other conditions decisions — 2006

The Board has determined that the appellant's right arm injury sustained in service was not the result of willful misconduct and therefore incurred in the line of duty.

The Board denied the veteran's claims for increased ratings for his service-connected torn right and left medial menisci, post-operative with chondromalacia. The evidence did not show more than moderate impairment on the basis of recurrent subluxation or instability in either knee.

The Board has determined that the veteran's hypertension and cardiovascular disease did not manifest during service or within one year of discharge, and are therefore not service-connected.

The veteran seeks service connection for a gastrointestinal disorder claimed as gastritis. The case is being remanded to the RO for further development, including obtaining medical records and re-assessment by an examiner.

The Board has determined that the veteran's organic brain syndrome is due at least in part to head trauma sustained as a boxer during military service, and therefore grants service connection for this condition.

The Board denied the veteran's claims for service connection for respiratory disorders and for the cause of his death. The decision found that even if service connection was granted, it would not have been effective before the date of the veteran's death due to a two-year limitation on accrued benefits. Additionally, the appellant did not meet the eligibility requirements as a surviving child for DIC benefits.

The Board has determined that the veteran's traumatic arthritis of the left hip does not warrant an increased initial evaluation beyond the currently assigned 10 percent rating.

The veteran's claim for VA educational benefits was denied as he did not meet the basic service eligibility requirements provided by law.

The Board found that the veteran's phrenic nerve damage was not caused by VA fault or an unforeseeable event, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's TDIU claim is being remanded due to the need for further development, including adjudication of a secondary service connection claim for left hand disability. The RO must also consider the April 2006 VA examiner's opinion regarding the relationship between the right hand loss and left hand dysfunction.

The veteran's bilateral pes cavus and residuals of a neck cyst removal were granted with a 10 percent disability evaluation each. The claims for increased evaluations beyond the initial ratings are denied.

The veteran's claim for a rating in excess of 30 percent for C7 and C8 nerve injury resulting in pain and weakness, right upper extremity has been granted under 38 U.S.C.A. § 1151.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking any service-connected disability to his death or contributing to it.

The Board found that the veteran's claimed residuals of necrotizing pancreatitis with incisional hernia were not caused or aggravated by his service-connected hypertension, and thus denied the claim.

The VA denied the veteran's claim for an increased rating for his right ankle disability, currently evaluated at 20 percent.

The Board is remanding the case to schedule a Travel Board Hearing at the Manila RO for the veteran.

The VA denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, as they do not meet the schedular requirements for such a rating.

The veteran's claims for increased ratings for his service-connected right and left inguinal hernias, as well as a claim for compensation under 38 C.F.R. � 3.324, are being remanded due to inadequate VCAA notice.

The Board has denied the veteran's claim for service connection for Epstein Barr Virus, finding that there is no competent medical evidence showing a link between her current condition and her military service. The right hip and right knee disorders are referred back to the RO for further action.

The Board has remanded the case for a VA psychiatric examination to determine whether the veteran meets the diagnostic criteria for PTSD based on verified stressor. The claim will be re-adjudicated after considering any newly obtained evidence.