Other conditions decisions — 2006

The Board has remanded the case due to failure to provide proper VCAA notice.

The VA denied an initial rating in excess of 10 percent for the veteran's service-connected post fracture status of the left navicular (major) wrist, effective August 30, 2001.

The Board found that the veteran is not entitled to an increased evaluation for his bilateral varicose veins, as he does not meet the criteria for a higher rating under the revised schedular criteria.

The veteran's panic disorder and agoraphobia are currently manifested by a feeling of anxiety and/or fear, with Global Assessment of Functioning (GAF) scores ranging between 45 and 65. The veteran is able to maintain a full-time job despite his symptoms.

The Board found that the veteran lacks mental capacity to manage his affairs, including financial management, and is therefore incompetent for VA purposes.

The veteran's initial application for VA compensation benefits was received on October 11, 2000, which is more than one year following his discharge from service. The effective date for the grant of service connection for a disability of any kind cannot be earlier than October 11, 2000.

The Board has decided to remand the case for further action, including an audit of the appellant's improved death pension account and a request for clarification on her income sources during the period from January 1998 through January 2002.

The veteran's death prevented the claim for specially adapted housing and/or special home adaptation grant from being considered, as such benefits are not a periodic monetary benefit eligible for accrued benefits.

The veteran's death was not service-connected, and therefore he did not meet the criteria for VA burial benefits.

The Board has determined that the evidence submitted since the August 1993 Hearing Officer's decision is not new and material, thus denying the veteran's request to reopen his claim regarding whether his head injuries in September 1980 were due to willful misconduct.

The veteran's claim for a higher disability rating for his service-connected temporomandibular joint dysfunction was granted, with the effective date being August 8, 2000. The initial rating of 10 percent has been maintained.

The Board has granted service connection for cholesteatoma and remanded the issue of service connection for a sinus disorder.

The Board denied a rating in excess of 30 percent for the veteran's service-connected hiatal hernia, finding that his symptoms did not meet the criteria for a higher evaluation.

The Board denied service connection for Non-Hodgkin's Lymphoma, finding that it was neither incurred nor aggravated during service and not related to any event or exposure during service.

The veteran's left upper extremity disability, with radial nerve impairment, is currently rated at 20 percent and the claim for a higher rating is denied.

The Board found that the veteran's urticaria (hives) was not incurred or aggravated during active service and denied his claim.

The veteran's claims for increased ratings for his right hand, elbow, and radius fractures have been denied. The evidence does not support the assignment of higher disability ratings under applicable VA rating criteria.

The Board has determined that the veteran's service-connected residuals of tonsillectomy do not meet the criteria for a compensable disability rating.

The Board has found that the overpayment of $3,195.00 was properly created due to a reduction in the appellant's benefits based on incorrect information regarding her income and unreimbursed medical expenses. The case is now remanded for further development including completion of financial status reports and consideration under the principles of equity and good conscience.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 because there was no additional disability due to VA care, and any delay in treatment did not result from VA error.