Other conditions decisions — 2006

The Board denied the appellant's claim for an effective date earlier than September 1, 2000, for the award of monetary benefits based on the reinstatement of DIC. The earliest possible effective dates were August 13, 2000, and September 1, 2000.

The Board has granted a separate 20 percent rating for the veteran's post-operative IVDS condition, effective since February 12, 2004. The original higher rating of 40 percent remains in place.

The Board has determined that a VA examination is necessary to determine the etiology of any currently diagnosed herniated disc at L5-S1 and right hip disorder. The veteran's service medical records, including his August 1978 Report of Medical History, show he had a broken right femur in 1974 prior to entering military service. Post-service medical records indicate the veteran has mild to moderate degenerative changes of the hips bilaterally.

The veteran seeks an earlier effective date for a 60 percent rating for herniated nucleus pulposus, L5-S1 left. The Board denied the request as there is no evidence of entitlement to a 60 percent rating prior to April 8, 1998.

The veteran's service-connected right eye cataract with increased ocular pressure of the left eye is rated at 30 percent disabling. The appeal for financial assistance in acquiring specially adapted housing or special home adaptations and financial assistance in purchasing an automobile or other conveyance and adaptive equipment was denied.

The Board denied the veteran's request to reopen his claim for service connection due to lack of new and material evidence, as the submitted evidence did not change the conclusion that the injuries were caused by the veteran's own misconduct.

The Board has determined that the veteran does not have a current elbow disability and therefore, service connection for an elbow disability is denied.

The VA determined that the veteran's pulmonary fibrosis does not meet the criteria for a compensable evaluation based on his FEV-1 and FEV-1/FVC levels, which were within normal limits. The veteran failed to report for scheduled VA examinations.

The Board found no evidence of a psychiatric disability in service, and thus denied the veteran's claim for service connection for dysthymia.

The Board is remanding the case for further development and consideration, including providing proper VCAA notice.

The veteran's claim for payment or reimbursement of unauthorized medical treatment from March 24, 2004 to March 30, 2004 at St. Petersburg General Hospital is denied as the Board finds that he was not stable for transfer after March 23, 2004.

The veteran's application for SRH Veterans Insurance was denied because he did not apply prior to his 65th birthday, despite being found disabled before that age.

The Board denied the veteran's claims for higher ratings for his service-connected left femur fracture and left inferior ramus of the pelvis fractures, finding that the evidence did not support a rating in excess of 10 percent for either condition.

The Board denied the veteran's claims for increased ratings and extraschedular evaluations for his left knee disability, finding that the evidence did not support a higher rating based on the degree of flexion or extension limitation.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and private treatment records from the veteran's period of active duty service.

The veteran's initial grant of service connection for vitiligo has been upheld, with a rating increased to 30 percent from the date of the decision.

The VA has determined that the veteran's residuals of a perforating gunshot wound to the left lower leg, specifically Muscle Group XII, do not warrant a rating in excess of 10 percent.

The Board found that the veteran's dysthymic disorder does not meet the criteria for a higher disability evaluation, and thus denied his claim.

The Board has remanded the case for clarification of the appellant's representative and to ensure that she is provided with an opportunity to select another representative if necessary.

The veteran's right foot hyperkeratosis is rated at 20 percent, and his bilateral hearing loss does not warrant a compensable rating.