Other conditions decisions — 2006

The veteran's hip disability is being remanded for a VA examination to determine if it is related to his service-connected knee disabilities. His skin cancer claim due to radiation exposure is also being remanded, and the RO will provide appropriate notice regarding ratings and effective dates of any award.

The veteran's income exceeded the maximum rate for a pension, thus his claim for nonservice-connected pension benefits was denied.

The Board has remanded the case for additional development, including obtaining private chiropractic treatment records and VA medical records since January 2005. The claims of service connection for arthritis, dyspepsia (claimed as a gastrointestinal disability), and residuals of an infected spine are being reviewed.

The Board has determined that the veteran's shin splints, claimed as leg pain, do not meet the criteria for a compensable evaluation.

The veteran's appeal is being remanded for additional development to address missing service medical records and other pertinent evidence.

The veteran did not submit a timely appeal regarding the September 2003 rating decision that assigned a noncompensable evaluation for residuals of a fractured mandible.

The veteran's claim for nonservice-connected pension benefits is denied as he did not meet the service requirements to establish basic eligibility.

The Board has remanded the case due to insufficient evidence regarding the veteran's exposure to ionizing radiation during service, specifically Operation CROSSROADS. The claim will be further developed and reviewed.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the veteran's stomach condition is not proximately due to or the result of his service-connected post-traumatic stress disorder and denied his claim.

The Board has determined that the veteran does not have a current disability related to sea sickness or dizzy spells incurred in service, and thus denied both claims for service connection.

The Board has determined that the veteran's current hearing loss did not originate during her period of active military service and is not related to any in-service noise exposure or dental procedure. As a result, the claim for service connection for bilateral defective hearing is denied.

The Board has determined that the veteran's residuals of blow out fracture of the left eye do not warrant a compensable initial disability rating, as they are manifested by occasional dyplopia in upward gaze and subjective complaints of dull pain to the left eye occurring once or twice per month. The preponderance of evidence does not support a higher evaluation.

The Board has determined that the veteran does not have a left elbow disorder that is related to service or a service-connected disability, and thus denied his claim for service connection.

The Board has granted a 70 percent rating for dysthymic disorder, but denied the claim for TDIU due to insufficient evidence showing total occupational and social impairment.

The Board has determined that the appellant's claims of whether the delimiting date for receiving educational assistance benefits under Chapter 30 is correct, and entitlement to an extension of the delimiting date for educational assistance benefits under Chapter 30 are dismissed due to a lack of timely substantive appeal.

The Board has granted a higher initial rating of 10 percent for service-connected degenerative joint disease of the right knee and left knee, effective from April 1, 2004.

The appellant's appeal was timely filed, but the character of her husband's discharge remains a bar to VA benefits for his surviving spouse.

The Board denied the veteran's claims for an earlier effective date for the grant of service connection for otitis media with right ear pain (geniculate neuralgia) and a separate initial compensable evaluation for geniculate neuralgia.

The Board denied the veteran's claims for service connection for bilateral hip and leg disabilities, as well as an initial rating beyond 10 percent from March 6, 1999 for lumbosacral strain and to an initial rating beyond 40 percent from June 2000 for lumbosacral strain. The veteran's service-connected low back disorder was rated at 10 percent prior to September 23, 2002.