Other conditions decisions — 2006

The case is being remanded for scheduling a Board videoconference hearing at the RO in Los Angeles. The veteran and his former wife (the appellant) are seeking an apportionment of the veteran's VA benefits, but no specific conditions or issues related to service connection are mentioned.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for bilateral hearing loss, an astrocytoma, and bowel and bladder incontinence. The claim of service connection for left eye vision is denied.

The Board denied the veteran's claims for increased ratings for his lumbosacral and thoracic spine disabilities, finding that the evidence did not meet the criteria for a higher rating at any point.

The Board has determined that the veteran's initial evaluations of 10 percent for his left and right hand disabilities are not supported by the evidence, as the severity of his symptoms does not warrant higher ratings under applicable rating criteria.

The Board denied the veteran's claim for an increased evaluation of his right shoulder disability, finding that the evidence did not support a rating in excess of 10 percent.

The Board found no residuals of pneumonia from service and denied the claim.

The veteran's service connection for status post radical orchiectomy, left, with partial orchiectomy, right, nonfunctional and special monthly compensation for anatomical loss of a creative organ were granted effective November 27, 2001.

The Board found that the appellant's discharge from military service was under dishonorable conditions, which bars him from receiving VA benefits.

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

The Board found that the appellant did not have valid military service and therefore does not meet the basic eligibility requirements for VA disability benefits.

The veteran was not underpaid his VA service-connected disability compensation during the period from December 1, 2001 to December 31, 2002.

The Board has determined that the reduction in rating from 20 percent to zero percent for the veteran's service-connected resection of the small intestine was improper, and restored the original 20 percent rating effective June 24, 2003.

The Board found no evidence of radiation exposure during service and denied the veteran's claim for service connection for cause of death. The appellant's spouse also did not meet the requirements for DEA benefits.

The veteran's income exceeds the maximum annual pension rate (MAPR) for his marital status and therefore he is not eligible for improved pension benefits.

The Board has determined that the appellant does not meet the requirements for basic eligibility for VA benefits due to a lack of qualifying service. The National Personnel Records Center (NPRC) certified that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The VA is required to obtain any relevant medical records and provide the veteran with a supplemental statement of the case if the determination remains adverse.

The Board denied the veteran's claims for an increased rating for his back disability and a retroactive effective date for TDIU.

The Board denied an increased rating for left lower extremity phlebitis, currently evaluated as 20 percent disabling.

The Board has denied the veteran's claim for an increased evaluation for postoperative residuals of excision of a pterygium of the left eye, finding that his vision is currently 20/20 in both eyes and does not meet the criteria for a compensable rating.

The Board found that the effective date for DIC benefits should be April 27, 2001, when the RO received a letter from the appellant's Congressman requesting assistance with her claim.