Other conditions decisions — 2006

The veteran's eligibility for VA educational assistance under Chapters 30 and 1606 of the United States Code was denied due to insufficient service or termination of eligibility.

The Board has remanded the case for further development and consideration of the veteran's claim for a total rating based on individual unemployability (TDIU). The RO must provide proper VCAA notice, obtain any relevant SSA disability benefits records, and then readjudicate the TDIU issue.

The Board denied the veteran's request to reopen his claim for service connection for prostatitis, finding that no new and material evidence had been submitted.

The Board found that the veteran's additional disability was not due to VA carelessness, negligence, or error in judgment. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's current stomach condition is not related to his service, and thus denied his claim for service connection.

The veteran's claim for service connection for herniated nucleus pulposus is being remanded due to the submission of new evidence, and it remains unclear whether the condition is related to his military service.

The veteran's esophageal dysfunction with reflux is now rated at 30% effective January 7, 2005. His scar of the lumbar region from a gunshot wound remains at 10%. The right knee disability has been increased to 30% for the period beginning January 7, 2005.

The veteran's service-connected right CTS was increased to a 70 percent rating for the period from January 4, 2006, to the present. The left CTS remains at a 20 percent rating.

The veteran's appeal is being remanded due to the need for a statement of the case on his special monthly compensation by reason of the need for regular aid and attendance or by reason of being permanently housebound issue.

The Board has granted a 90 percent rating for impairment of all radicular groups of the right upper extremity as a residual of traumatic encephalopathy with right hemiparesis, and an 80 percent rating for impairment of the right lower extremity.

The veteran's claims for increased ratings and earlier effective date for service connection were denied as there was no indication of intent to seek secondary service connection prior to April 3, 2001.

The Board found that the veteran's bilateral nuclear sclerotic cataracts did not warrant a higher disability rating, and denied service connection for anisocoria-iris sphincter dysfunction of the right eye as it was not linked to service or his service-connected diabetes mellitus.

The veteran's spouse is denied an apportionment of his VA benefits as she is not living with him and he has no current dependents.

The Board has determined that the veteran's pes cavus with pain and Achilles tendonitis does not meet the criteria for a higher evaluation, as it only exhibits mild functional impairment. The claim is therefore denied.

The Board is remanding the veteran's claims for a higher initial rating for his service-connected imbalance and dizziness, secondary to postoperative residuals of a left tympanoplasty and perforated eardrum with otitis media, as well as his claim for TDIU due to additional development being required. The claims will be reviewed based on new evidence.

The Board has remanded the case for further development to determine if the veteran's hypertension is secondary to his service-connected PTSD.

The veteran's need for regular aid and attendance of another person is established, granting SMP based on this need.

The veteran's appeal for service connection for congestive heart failure, which was secondary to his service-connected pulmonary tuberculosis (PTB), has been dismissed due to the death of the veteran.

The Board found no evidence of poliomyelitis in service or within the required timeframe, and thus denied service connection for poliomyelitis. The rating for left eye chalazion remains at zero percent as there is no current disability assigned.

The Board has determined that no new and material evidence was submitted to reopen the claims for service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance (DEA). The claims are therefore denied.