Other conditions decisions — 2006

The Board denied the veteran's claims for service connection for esophageal ulcer and anemia, as well as his requests for earlier effective dates for diabetes mellitus, peripheral neuropathy, and TDIU. The reasons provided were that there was no evidence linking these conditions to his military service.

The Board denied reopening the claim for service connection for a head and neck injury in September 1989. The veteran submitted new evidence, but it was not considered material to reopen the claim.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of fistula surgery due to VA treatment is denied as there is no evidence that the proximate cause of additional disability was carelessness, negligence, lack of proper skill, error in judgment or other fault on the part of VA.

The veteran was found to have acted in bad faith, resulting in the denial of a waiver for loan guaranty indebtedness.

The veteran's active duty did not meet the eligibility requirements for educational assistance under Chapters 30, 32, or 1606 of Title 38 and Title 10 United States Code due to various reasons including his discharge being due to unsatisfactory performance.

The veteran's appeal for a total rating based on individual unemployability (TDIU) has been dismissed due to his death.

The Board found that the veteran's residuals of multiple fistulectomies, including fecal incontinence, were not caused by VA treatment and did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The VA denied a compensable evaluation for the veteran's left hand fracture residuals, finding that there is no evidence of ankylosis or significant functional impairment.

The veteran's appeal was dismissed due to his death.

The Board denied the veteran's claims for increased evaluations for his bilateral knee disabilities, finding that the current 10 percent ratings were proper and that higher evaluations were not warranted based on the evidence of record.

The Board has reopened the veteran's claim for service connection, but denied it due to lack of evidence showing a link between his current back disability and military service.

The veteran's appeal was dismissed due to his death, and the case is now moot.

The Board finds that the veteran's left hand disorder existed prior to service and was not aggravated by military service. Therefore, service connection for a left hand disorder is denied.

The Board denied service connection for the cause of the veteran's death, as well as DIC benefits under 38 U.S.C.A. § 1151 and burial benefits due to lack of evidence linking the veteran's death to his military service or VA treatment.

The Board has granted service connection for Crohn's disease as secondary to the veteran's service-connected PTSD, with a rating of 70 percent effective June 27, 1995.

The Board has denied the veteran's claims for service connection for cysts of the left arm and right index finger, finding no evidence linking these conditions to his military service.

The veteran's claim for a higher rating for residuals of a laceration of the left ring finger was granted, with a 10 percent rating effective from April 2, 2003. A separate issue concerning weakness in adjacent fingers resulted in a compensable rating. The claim for an initial rating based on multiple noncompensable disabilities is moot due to the already established higher rating.

The Board denied an increased evaluation for the veteran's residuals of soft tissue trauma of the right back, hip, and thigh with limitation of motion of the spine, finding that his disability did not meet or approximate the criteria for a higher rating under either the old or new VA Schedule for Rating Disabilities.

The veteran's claim for eligibility for Veterans Education Assistance Program (VEAP) benefits under Chapter 32, Title 38, United States Code was denied as he withdrew his contributions to the program prior to service discharge and did not reinvest them.

The Board has determined that the veteran's right elbow disability, including arthritis, is currently rated at 30 percent and does not warrant a higher rating.