Other conditions decisions — 2006

The Board has decided to remand the case for further development and readjudication due to incomplete notification of what evidence is needed to support the claim, failure to provide such notice before initial adjudication, and the need to obtain Social Security Administration records.

The Board has determined that the veteran does not have a right elbow disorder that is causally or etiologically related to service. Therefore, the claim for service connection for a right elbow disorder is denied.

The Board has reopened the veteran's claim of service connection for injuries resulting from a July 1987 motor vehicle accident, but it remains unclear whether these injuries occurred during active duty or training. The evidence does not conclusively establish that the accident happened while on active duty or returning directly from such duty.

The veteran's claim for service connection for residuals of a back injury is being remanded due to the need for additional development, including an examination and etiological opinion regarding his current back disability.

The Board has determined that the veteran's service-connected herniated disc with orthopedic and neurologic manifestations does not warrant a higher initial rating as it does not meet the criteria for a 40 percent or higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine, nor does it qualify for an increased rating based on incapacitating episodes.

The veteran's claim for full disability compensation benefits while incarcerated is denied due to the provisions of 38 U.S.C.A. § 5313 prohibiting payment of such benefits when a veteran is incarcerated in a private correctional facility pursuant to a contract with the state that convicted him of a felony.

The Board has determined that the appellant's nonalcoholic fatty liver disease (NAFLD) is service-connected, as it was first manifested during his active military service. The claim for a compensable initial evaluation for post-operative residuals of left anterior cruciate ligament reconstruction with medial meniscus tear remains pending.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that the evidence submitted since the last final rating decision is not material.

The Board denied the appellant's request for an extension of her delimiting date for Chapter 35 educational assistance because she was not prevented from initiating or completing a chosen program of education within the applicable period due to a physical disability of her dependent child. The law does not provide such an extension.

The appellant is not a child for VA compensation purposes and thus, she is not eligible for DIC benefits.

The Board denied the veteran's claims for an increased rating for his right lung pulmonary calcification and fibrosis, residuals of pulmonary disease, as well as his requests for earlier effective dates and service connection for a back condition. The RO had previously granted a 10% disability rating for this condition effective August 16, 2002.

The Board found that the appellant did not have a physical or mental defect rendering him incapable of self-support prior to his 18th birthday, thus denying recognition as a child of the veteran.

The Board found that new and material evidence had not been received to reopen the veteran's claim of entitlement to service connection for residuals of a head injury. The December 1999 decision denying reopening the claim is considered final.

The veteran's application for enrollment in the VA health care system was denied as he does not qualify under any of the priority categories and his income is above the threshold set by VA.

The veteran argues that the Board improperly applied the regulations to determine the degree of preexisting disability present at induction, and he asserts that the facts demonstrate a noncompensable evaluation (0%) for the level of preexisting disability. The Board found that the correct facts were known at the time and correctly applied the relevant laws.

The veteran's service-connected right and left patellofemoral pain syndromes, secondary to chondromalacia and patellofemoral arthrosis, are rated at 10 percent each. The conditions do not warrant a higher rating as there is no evidence of instability or severe arthritis.

The Board denied the veteran's claim for an increased evaluation for his duodenal ulcer with post-operative residuals of a vagotomy/antrectomy, finding that the evidence did not meet the criteria for a disability rating in excess of 20 percent under Diagnostic Code 7308.

The Board has determined that the veteran's Morton's neuroma of the left foot, characterized by mild, incomplete paralysis of the internal popliteal nerve (tibial), warrants a 10 percent disability rating effective June 1, 1975.

The Board has denied the veteran's claim of service connection for residuals of a back injury, finding that there is no evidence linking his current low back disability to his military service.

The Board found no evidence of a chronic respiratory disorder in service or due to service, and thus denied the veteran's claim for service connection.