Other conditions decisions — 2006

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that his death was due to alcohol and drug abuse rather than a service-connected condition.

The veteran is requesting a waiver for overpayment of Dependents' Educational Assistance (DEA) under 38 U.S.C.A., Chapter 35. The case is being remanded because the AOJ needs to obtain and associate the veteran's daughter's educational file with the claims file.

The veteran's appeal is for an increased rating for her service-connected Haglund's deformity, left calcaneus with calcific tendonitis, left Achilles tendon, status post osteotomy and exostectomy. The RO has requested a VA examination to determine the current severity of her disability.

The Board has remanded the case due to the need for additional development, including obtaining records of any treatment since separation from service and providing a VA dermatology examination.

The Board found that the appellant does not have basic eligibility for VA benefits due to lack of qualifying service and failure to meet criteria for being a child of a veteran.

The Board has reopened the veteran's claim of service connection for a right lung disability and granted it, finding that new evidence supports the claim.

The Board finds that the veteran's claim for an effective date earlier than July 17, 2001 for payment of VA disability compensation benefits is denied. The RO did not fail to comply with any duty in informing the veteran about his right to elect between his severance pay and VA disability compensation benefits when he was removed from the Temporary Disability Retirement List in April 1970.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from November 5, 2003 to November 17, 2003 was denied as the care provided was not for a service-connected disability and no VA facility was feasibly available.

The veteran's claims for increased ratings for residuals of a fractured left femur and left tibia and fibula have been granted, with the effective date being October 23, 1997.

The Board has remanded the case to the AMC for further development and consideration, including providing VCAA notice specific to the claim of reopening service connection for restrictive airway disease, histoplasmosis, and lung disability as residuals of asbestos exposure.

The Board has determined that the veteran's service-connected right shoulder disability meets the criteria for a 20 percent rating, but not higher. The examiner opined that his current right hand and elbow disabilities are 'at least likely not' due to injury and strain sustained while on active duty.

The VA has confirmed the current 10 percent evaluation for the veteran's shrapnel wound to the neck with retained foreign body, finding no more than moderate injury. The issue of entitlement to a total disability rating due to individual unemployability arising from service-connected disabilities is addressed in the REMAND portion.

The VA determined that the veteran's dysthymic disorder did not warrant a rating in excess of 50 percent beginning June 16, 2003.

The Board has determined that the veteran's dental and eye disabilities are not service-connected, as there is no evidence of disease or injury to these conditions during his active duty service.

The Board has remanded the case for further development and adjudication, including scheduling a psychiatric examination in Springfield, Vermont.

The Board has determined that the veteran's service-connected bilateral shin splints and stress fractures of the lower extremities do not meet the criteria for a compensable evaluation under any applicable diagnostic codes.

The Board granted the veteran's claim for a compensable rating for duodenal ulcer with hiatal hernia and service connection for mild calcified aortic stenosis. The left knee disability, leg cramps, and gum disease claims were not resolved in favor of the veteran.

The Board has determined that the preponderance of evidence is against finding entitlement to an increased rating for residuals of a traumatic amputation of the distal phalanx of the left index finger.

The Board has remanded the case due to insufficient information provided by a recent examination report, and the need for further clarification of the veteran's symptoms and their impact on his social and occupational functioning.

The VA denied the veteran's claim for service connection for cardiac arrhythmia due to an undiagnosed illness, finding that there is no evidence of such a condition during his active duty and attributing any current symptoms to known causes.