Other conditions decisions — 2006

The Board denied the appellant's claim for retroactive payments of Survivors' and Dependents' Educational Assistance (Chapter 35 educational benefits) for coursework prior to April 2003, finding that she did not meet legal requirements due to lack of timely application.

The veteran's nephrolithiasis is currently manifested by recurrent stone formation requiring drug therapy, but does not meet the criteria for a higher disability evaluation as it does not result in constant albuminuria, decreased kidney function, or hypertension at least 40 percent disabling under Diagnostic Code 7101.

The veteran's appeal is being remanded for additional development, including VA examinations and notification to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The RO determined that the veteran's brain tumor with stroke residuals should be severed from service connection due to a clear and unmistakable error in granting it based on presumed exposure to Agent Orange, as no such disease is currently recognized for presumptive service connection.

The Board denied the appellant's request to restore a 10 percent rating for his service-connected residuals of a fractured right fibula, effective April 1, 2005.

The Board has denied the reopening of claims for service connection for athlete's foot, residuals of a head injury, and residuals of a scalded back due to lack of new and material evidence.

The veteran's appeal is dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the veteran does not have a chronic cardiovascular disability or joint pain due to an undiagnosed illness, and thus service connection for these conditions is denied.

The veteran's service-connected back disability is rated at 40 percent effective November 7, 2005. Prior to this date, the rating was 20 percent.

The Board has determined that the veteran's urinary incontinence is not related to his service-connected post-operative right spermatocele, and thus does not warrant a compensable rating under the applicable VA rating criteria.

The Board has determined that the veteran's metatarsal stress reaction does not meet or approximate the criteria for a compensable rating under any applicable diagnostic code.

The Board denied the appellant's claim for accrued benefits as her application was filed more than one year after the veteran's death, and she did not file a timely application.

The Board has granted secondary service connection for cardiovascular disease and impotency as being aggravated by the veteran's service-connected diabetes mellitus.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for arthritis of the right hand, on a direct basis and as secondary to his service-connected deformity with unfavorable ankylosis of the right middle finger, limitation of motion, and residuals of shrapnel wound. The February 2002 RO decision denying this claim is final.

The veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's claim for an increased rating for aphakia, bilateral intraocular lens implants with residuals of retinal detachment, right eye is being remanded due to the need for a VA comprehensive examination.

The veteran's request for service connection for squamous cell cancer of the oropharynx is being remanded due to scheduling issues.

The Board found no current diagnosed bilateral hand disability and denied the veteran's claim for service connection.

The Board has determined that the veteran's bilateral shin splints do not meet the criteria for a compensable disability rating, as there is no objective evidence of limitation of motion or functional impairment.

The Board has denied the veteran's claim for an effective date prior to September 16, 2002, for the grant of nonservice-connected pension benefits.