Other conditions decisions — 2006

The veteran's claim for special monthly pension due to need for aid and attendance is granted. The claims for compensation under 38 U.S.C.A. § 1151 for left arm fracture and left clavicle fracture are remanded for further development.

The veteran's appeal is being remanded for additional development, including obtaining medical records and determining the appropriate disability ratings.

The Board has determined that the veteran's current back and nerve damage, lower extremities, did not begin during service or are otherwise related to his military service.

The Board denied reopening of the veteran's claim for service connection for a duodenal ulcer, finding that new and material evidence had not been received.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability (broken front tooth cap) due to VA dental treatment, but the claim has been remanded as there are missing records and a need for clarification on which specific tooth is involved.

The veteran's claim for an earlier effective date for additional compensation benefits for his dependent child is denied as there is no legal entitlement to such a retroactive award.

The veteran's appeal was dismissed because his substantive appeal did not include the issue of whether there was clear and unmistakable error (CUE) in a March 1977 RO decision that assigned an initial evaluation of 20 percent for residuals of a shrapnel wound to right calf. The issues of entitlement to a rating in excess of 30 percent and to an effective date earlier than May 30, 2002, for the assignment of a 30 percent rating for residuals of shrapnel wound to right calf with damage to muscle group XI are addressed in the REMAND portion of the decision.

The Board has granted a 10 percent rating for defective vision of the left eye secondary to left eyebrow scar, effective October 6, 2003.

The Board has denied the veteran's claims for service connection for a neck disorder and an increased rating for his lumbar disc disease. The Board found that there was no evidence of a chronic neck disability in service, and that the preponderance of the evidence is against a finding that the current neck disability is related to service or any injury therein.

The VA denied a higher rating for the veteran's right shoulder tendonitis, finding that his disability did not meet criteria for an evaluation in excess of 20 percent.

The Board has reopened the claim for service connection for stage 1 anaplastic seminoma of the testicle, status post orchiectomy and granted it. The left eye disorder is not related to service.

The veteran's claim for service connection for nerve damage to the left elbow is remanded. The earlier effective date claim for a 60 percent evaluation for intervertebral disc syndrome of the lumbar spine is also remanded.

The Board dismissed the appeal due to the veteran's death.

The Board has determined that a separate evaluation is warranted for the bone graft donor site of the right fibula, and it should be rated by analogy to impairment of tibia and fibula (Diagnostic Code 5262) rather than painful scar (Diagnostic Codes 7899-7804).

The veteran's claim for an effective date prior to August [redacted], 1998, for recognition of his current spouse as a dependent was denied. The issue of waiver of overpayment of $1,456.00 is also addressed and must be remanded.

The veteran's hiatal hernia with esophagitis is currently rated at 30 percent, and the Board finds no evidence to warrant a higher rating.

The Board found that the overpayment of $705.26 was properly created due to incorrect accounting of Social Security benefits received by the appellant, and granted waiver of recovery.

The Board has determined that the veteran is entitled to a rating of 60 percent for his right true vocal cord paralysis, which more nearly approximates aphonia (constant inability to speak above a whisper).

The Board found no evidence of an esophagus hernia in service or for many years thereafter, and no competent evidence of a nexus between the disorder and the veteran's period of active service. Therefore, the claim for service connection was denied.

The Board has denied the veteran's claim of entitlement to service connection for infiltrating ductal carcinoma of the right breast, claiming it as chest cancer. The evidence does not support a link between the diagnosis and the veteran's period of active service.