Other conditions decisions — 2006

The veteran's application for educational assistance benefits under Chapter 30, Title 38, United States Code was denied because he did not meet the eligibility requirements. Specifically, he failed to make an irrevocable election to receive MGIB benefits within the specified timeframe and did not pay $2,700 toward MGIB benefits within 18 months of such an election.

The Board has remanded the case for further development and review, including a medical opinion on various issues related to the veteran's death.

The Board has determined that the veteran's service-connected cervicitis does not warrant an increased rating as it is already at its maximum allowable under VA disability ratings.

The veteran's appeal was dismissed due to his withdrawal of the appeals for higher rating for urethral stricture and service connection for dysphagia. The Board also found that he does not have current gastroenteritis or bilateral varicocele.

The Board has remanded the case for further evidentiary development, including a VA medical examination to determine the nature and extent of any loss of peripheral vision due to the veteran's service-connected right eye injury.

The veteran is seeking service connection for an eye disability. The Board has determined that additional development of the claim, including providing the veteran with VCAA notice and obtaining his driver's license records from 1948-1950, is required.

The Board has ordered the case back to the RO for further development due to a failure to provide a VA examination and proper VCAA notice.

The Board has denied the veteran's claim for a rating in excess of 10 percent for her residuals, fracture left pubic ramus, finding that the disability does not meet the criteria for a higher evaluation.

The veteran's claim for an increased evaluation for residuals of a right clavicle and scapula fracture is denied as the evidence does not support a disability rating in excess of 20 percent. The claims to reopen service connection for infectious hepatitis and diabetes mellitus are granted, but neither condition is found to be related to service or a service-connected disability. The veteran's claim for TDIU is also denied due to his ability to secure and maintain substantially gainful employment with his educational background and occupational experience. The veteran's claim for SMC based on the anatomical loss of use of his right lower extremity is denied.

The Board denied the veteran's claims for increased disability evaluations for her right and left leg shin splints, finding that there was no evidence of limitation of motion or other disabling conditions in either knee or ankle.

The Board has determined that the evidence received since the March 1994 rating decision is not new and material, thus denying the veteran's application to reopen his claim of service connection for a right inguinal hernia.

The veteran's death was not caused by a service-connected disability, and he did not have a permanent total disability due to a service-connected condition at the time of his death. Therefore, the claim for dependents' educational assistance is denied.

The Board has denied the veteran's claims for service connection for a right ear infection and a right duodenal ulcer, as well as his claim for an increased rating for eczematoid dermatitis. The evidence does not support the presence of current disabilities for any of these issues.

The Board denied the veteran's claim for service connection for a schizoaffective disorder (claimed as a nervous condition) in December 1996. The evidence submitted since then does not provide new and material evidence to support her claim.

Your claim of service connection for cysts has been dismissed as there is no controversy or justiciable issue currently before the Board.

The Board has granted service connection for right and left lower extremity radiculopathy as secondary to the veteran's service-connected thoracolumbar strain with degenerative joint disease. The initial evaluation for major depression is also granted at a 70 percent rate.

The Board denied the veteran's claims for increased evaluations of her service-connected left foot fracture residuals, shin splints of both lower extremities, and total rating for individual unemployability due to service-connected disabilities.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current bullous emphysema is related to his service or any in-service exposure. The claim will be reconsidered after this additional development.

The VA has granted a 20 percent rating for arthritic spurring at T8, T9 and T10 effective September 26, 2003. The condition is characterized by x-ray evidence of some slight degenerative changes; a combined range of motion not greater than 120 degrees (forward flexion to 70 degrees plus 15 degrees of extension).

The Board has ordered the retrieval of a Rehabilitation and Education Folder to determine if there is evidence of a back disability in July 1953, which could support service connection for the veteran's claimed injury.