Other conditions decisions — 2006

The veteran's dementia due to head trauma is not productive of total occupational and social impairment.,The residuals of a brachial plexus injury are not productive of complete paralysis of the upper radicular group, fifth and sixth cervicals.,Residuals of fractures of the right tibia and fibula do not meet the criteria for a rating in excess of 10 percent.,The residuals of bilateral mandibular fractures with right zygomaxillary complex fracture do not meet the criteria for a compensable evaluation.

The Board has determined that the veteran's moderate disability of Muscle Group III, attributable to his service-connected shell fragment wound, warrants a 20% evaluation.

The Board found that the veteran does not have a current left lower extremity disorder related to his service-connected low back strain, and thus denied service connection for this condition. For the period from March 30, 1999, to September 25, 2003, the evaluation for low back strain was granted at 10 percent based on slight limitation of motion and no muscle spasm. From September 26, 2003, onwards, the evaluation remained at 10 percent due to slight limitation of motion, no muscle spasm, no guarding, and no scoliosis.

The Board has denied the veteran's claim for an effective date earlier than March 18, 2002 for the grant of service connection for prostate adenocarcinoma as this is the earliest allowable date under applicable criteria.

The Board denied the veteran's claim for service connection for a skin disorder, finding no evidence of a current disability and noting that his eczema was not related to his presumed Agent Orange exposure in Vietnam.

The VA determined that the appellant's post-operative residuals of perianal warts do not warrant a compensable rating as there is no evidence of recurrence or active disease.

The Board has determined that the veteran's bilateral leg disability, including residuals of bilateral leg fractures, was not incurred in or aggravated by her active duty service.

The Board has determined that the veteran's current skin disorder of the feet is not related to his military service, including exposure to herbicides. The claim for PTSD was remanded due to worsening symptoms.

The Board has determined that the veteran's right arm wound residuals are primarily manifested by pain in the area of retained foreign body and do not warrant a higher rating as they do not meet the criteria for moderately severe or severe muscle injury.

The Board denied the veteran's claims for service connection for residuals of a claimed fracture of the right forearm and arthritis of both hands, as well as his claims for higher evaluations for bilateral varicose veins, residuals of left spermatocelectomy, coronary artery disease with hypertension, and arthritis of the right knee.

The Board has denied the veteran's claims for service connection for gingivitis and assorted in-service dental procedures due to lack of timely application for treatment.

The veteran's service-connected bilateral knee disorders have not been manifested by evidence of a limitation of knee flexion to 30 degrees or a limitation of knee extension to 15 degrees, and there is no objective evidence of instability. The RO assigned non-compensable evaluations for each disability since April 1, 2000.

The veteran's claims for service connection are being remanded due to the need for additional medical opinions and development of evidence.

The VA determined that the veteran's service-connected residuals of a gunshot wound to muscle groups XIII and XIV do not warrant a higher disability rating, as they result in no more than moderately severe impairment.

The veteran's claim for an extension of his basic 10-year period of eligibility for receiving educational assistance benefits under the Montgomery GI Bill was denied by the Board. The decision is based on the legal criteria governing the payment of education benefits, which do not allow for extensions beyond a specific delimiting date.

The Board has determined that the veteran's failure to timely inform VA of his receipt of Social Security benefits contributed to the creation of an overpayment in his pension account. The Board found that recovery would not be against the principles of equity and good conscience, as it did not result in depriving the veteran or his family of basic necessities and was not contrary to the objective for which benefits were intended.

The Board has denied the veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $8,286.00 due to a failure to report income.

The veteran's appeal for an effective date prior to March 19, 2003 for a combined total disability evaluation arising from multiple service-connected disabilities has been dismissed due to the death of the veteran.

The veteran's appeal is remanded due to insufficient evidence and the need for a new VA examination.

The veteran's unauthorized medical expenses incurred in September 2003 for treatment of myocardial infarction and congestive heart failure were denied as VA facilities were feasibly available.