Other conditions decisions — 2006

The Board has determined that the veteran's right thumb disability, characterized by favorable ankylosis of the metacarpophalangeal joint and a gap of less than two inches between the thumb pad and fingers with thumb attempting to oppose the fingers, does not meet the criteria for a rating in excess of 10 percent.

The Board found that there were no accrued benefits from which the appellant could receive reimbursement for last medical and burial expenses due to her mother, as M. S.'s death pension benefits had expired by the time of her death in February 2002.

The Board dismissed the claim for an initial compensable rating for impotence due to a failure to file a timely substantive appeal. The TDIU claim was denied as the veteran's service-connected disabilities do not meet the schedular criteria and there is no evidence that he is unemployable solely as a result of his service-connected conditions.

The Board has determined that the veteran's service-connected herniated nucleus pulposus at L5-S1 warrants a 20 percent rating effective from April 7, 2001.

The Board denied the veteran's claim for service connection for joint pain affecting his ankles, knees, hands and elbows as it was not related to service or presumed due to Gulf War exposure.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability involving gastrointestinal symptoms and rectal bleeding as a result of non-steroidal medication (Naprosyn) prescribed by VA in 1999. The Board has determined that further development, including scheduling the veteran for a VA examination, is needed to adjudicate this claim.

The veteran's bronchial asthma is currently rated as 10 percent disabling. The Board has found that the evidence supports a grant of an increased rating to 30 percent.

The Board has determined that the veteran does not have a current left leg disability as a result of an injury in service and therefore, denied his claim for service connection.

The veteran's appeal of the denial of a change in his educational plan for VR&E benefits has been dismissed due to withdrawal.

The Board denied the veteran's claims for service connection for prurigo nodularis, increased rating for Graves' disease, and increased rating for right foot disability. The skin condition was not found to be related to service or any service-connected conditions.

The Board denied the veteran's claims for service connection for polycythemia vera, a skin condition, and toenail fungus, all of which were presumed to be due to exposure to Agent Orange in Vietnam. The evidence did not support a finding that these conditions were related to his military service.

The Board has reopened the veteran's claim for service connection for a respiratory disorder, including as due to undiagnosed illness. However, the evidence does not support a finding that his current condition is related to military service or an undiagnosed illness.

The Board denied the veteran's claim for an effective date prior to April 3, 2003, for a 10 percent evaluation for hallux valgus of each foot. The evidence did not show any increase in severity during the year prior to April 3, 2003.

The Board granted a higher initial disability rating of 100 percent for lymphatic filariasis with chronic elephantiasis of the right leg and foot, effective from August 30, 1996. The claim for an earlier effective date was denied.

The Board found that the appellant is not in need of regular aid and attendance due to her physical and mental ability to perform daily activities without assistance, thus denying the claim for special monthly pension by reason of need for regular aid and attendance.

The Board has remanded the case due to incomplete medical records and the need for additional notice.

The Board has determined that a VA examination is necessary to determine if the veteran currently suffers from residuals of cold injury to his bilateral feet, and whether these conditions are related to service. The appeal is REMANDED for further action.

The Board has determined that the veteran's spinal cord injuries sustained in a March 2003 motor vehicle accident were not incurred in the line of duty due to his own willful misconduct, specifically alcohol abuse. As such, service connection for C4-6 Tetraplegia (quadriplegia) is denied.

The veteran's claims for increased ratings were denied. The initial rating of 10 percent for post concussive syndrome, complex seizure disorder, with headaches was not granted as the evidence did not support a higher evaluation. Evaluations for cervical muscle spasms and lumbar strain were also denied.

The Board has remanded the case for additional records and adjudication of a claim for service connection for a left eye disability. The TDIU claim will be reconsidered after these actions.