Other conditions decisions — 2006

The Board found that the veteran's service-connected mechanical back strain disability is manifested by complaints of severe low back pain with motion and reduced activity, but does not meet the criteria for a higher evaluation.

The veteran was granted a permanent and total disability rating based on service-connected disability effective April 30, 2004. The appellant, who is the veteran's son, filed for educational assistance benefits under Chapter 35 in September 2004. However, he did not meet the eligibility criteria as his birthday was before the effective date of the permanent and total service-connected disability rating.

The Board denied the veteran's claims for earlier effective dates for his awards of a 60 percent evaluation for AIDS and TDIU ratings, finding that no factual increase in disability occurred prior to March 19, 1998.

The Board denied the veteran's claims for an increased rating and entitlement to TDIU, finding that his right ankle disability did not warrant a higher rating or effective date earlier than November 28, 2000.

The veteran's claim for an increased rating was denied as he failed to report for scheduled VA examinations without good cause.

The Board has remanded the case for further development and to comply with VA's duty to notify and assist.

The Board has determined that the veteran does not currently have a disability or disease manifested by an abnormal EKG, and therefore service connection for this condition is denied.

The Board found no evidence of a current stomach disorder and denied the veteran's claim for service connection.

The veteran's claims for increased disability ratings were denied. The Board found that the evidence did not support higher ratings for his service-connected diverticulosis and postoperative neurological residuals of a right parotid tumor removal.

The Board denied the appellant's claim for legal entitlement to VA benefits due to a lack of verified active service, and thus, he does not meet the basic eligibility requirements for VA disability benefits.

The Board denied the veteran's request to reopen his claim for service connection for a bleeding disorder, factor nine deficiency due to lack of new and material evidence.

The Board has determined that the veteran's lung disability was not incurred in or aggravated by active service, nor may it be presumed to have been incurred or aggravated therein. Therefore, service connection is denied.

The Board denied increased disability ratings for the veteran's residuals of cold injury to his feet, finding that the evidence did not meet the criteria for a higher rating prior to January 12, 1998 and since then.

The Board has remanded the case for further development, including obtaining an addendum to the September 2005 VA examination report and ensuring proper VCAA notice.

The Board has determined that the veteran's skin disorder did not have its onset during active service or result from disease or injury in service. The evidence does not support a finding of service connection for the veteran's current skin condition.

The Board has determined that the veteran's death was not caused by a service-connected condition, and thus denied his claim for service connection for the cause of death.

The veteran's claim for an increased evaluation of his service-connected arthritis of the feet with bilateral heel spurs is being remanded due to the need for a comprehensive examination and consideration of whether separate, compensable evaluations should be assigned for each foot.

The veteran's appeal is being remanded for further development, including a VA respiratory examination and proper VCAA notice.

The Board found that the appellant's claim for an earlier effective date for DIC benefits was denied because her initial application for pension and compensation did not include a claim for DIC. The earliest effective date assigned was July 18, 1995, which is considered the date of receipt of her claim.

The Board has determined that the veteran's claim for an earlier effective date for service connection of bilateral defective hearing is denied. The RO must provide proper VCAA notice and readjudicate the case.