Other conditions decisions — 2006

The Board has determined that the veteran's post-concussion syndrome does not result in occupational and social impairment with reduced reliability and productivity, thus denying a higher rating.

The veteran's appeal for an earlier effective date for special monthly compensation was dismissed due to his death.

The Board denied the veteran's claim for service connection for residuals of a head injury, finding that there was no evidence linking any such residuals to his active service. The issue regarding lung scarring/lung damage is referred back to the RO for further consideration.

The Board has reopened the veteran's claim of service connection for a bilateral foot disorder and remanded it for further development.

The veteran's death was not caused by a service-connected disability, and he did not have a permanent total service-connected disability at the time of his death. Therefore, the appellant is denied eligibility for Dependents' Educational Assistance benefits.

The Board has determined that termination of the appellant's death pension benefits effective November 1, 2001 was proper due to excessive income. The issue of waiver of recovery of an overpayment of death pension benefits is addressed in a separate REMAND.

The Board has determined that the veteran's service-connected right eye retinitis with cataract and no light perception does not warrant a disability rating higher than 40 percent.

The VA has determined that the veteran's varicose veins do not meet the criteria for a higher initial rating of more than 20 percent.

The Board has granted service connection for the veteran's right heel spur and found that it is at least as likely as not related to military service. The claim of an increased rating for dorsal spondylosis with lumbar arthritis remains pending.

The Board finds that the evidence supports the claim of entitlement to service connection for a psychiatric disability, diagnosed as delusional disorder. The appellant's pre-existing personality patterns and stress during ACDUTRA contributed to his difficulties.

The Board has determined that the case is not ready for decision and has been remanded to obtain additional information regarding the veteran's competency.

The Board has remanded the case due to incomplete information and need for additional evidence, including Social Security Administration and Medicare records.

The veteran's claims for increased ratings for his service-connected gunshot wounds to the left thigh and tibia are being remanded due to the need for a new VA examination to assess the current severity of these disabilities, as well as consideration of additional diagnoses such as calcium pyrophosphate deposition disease and severe degenerative joint disease in both knees, ankles, and feet.

The Board is remanding the case to obtain additional VA treatment records and review the claim for DIC under 38 U.S.C.A. § 1151, as the appellant contends that VA's failure to diagnose cancer in 1976-1980 was a proximate cause of her husband's death in March 1981.

The Board has determined that the cause of death, acute respiratory failure due to asphyxiation due to drowning, was not caused or contributed by any service-connected disability.

The Board found that the overpayment of Chapter 30 education benefits in the amount of $728.29 was properly created due to the appellant's failure to attend classes for which he had been awarded educational assistance, and thus denied his appeal.

The Board denied service connection for primary pigmentary degeneration of the retina, concluding that it was not incurred in or aggravated by service.

The veteran's service-connected low back disability, which is rated at 50 percent disabling, prevents him from securing or following any substantially gainful employment.

The Board has denied the veteran's claims for increased evaluations for his service-connected residuals of a fracture of the right tibia and fibula, finding that they do not meet the criteria for a compensable evaluation. The claim for a compensable evaluation for residuals of a chip fracture of the left medial malleolus was also denied.

The Board has granted a 30 percent evaluation for the residuals of shell fragment wounds to the right thigh with injury to Muscle Group XIV, finding that the veteran's disability is manifested by intermittent pain and fatigability causing moderately severe disability.