Other conditions decisions — 2006

The Board denied the appellant's claim for an effective date prior to January 31, 1990, for Survivors and Dependents Educational Assistance (DEA) under Chapter 35, Title 38, United States Code.

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151 for HIV infection resulting from VA hospital treatment relating to his spine disorder, finding that there was no evidence of a blood transfusion or needle use causing the HIV infection.

The Board has determined that there is no current left arm disability for which service connection can be granted. The veteran's claim of a left arm disability was denied as the evidence does not show a current disability.

The Board found no current evidence of a bilateral eye disability and concluded that the veteran's reported eye pain is not a recognized medical condition, thus denying his claim for service connection.

The veteran's death from metastatic head and neck cancer was not caused by a service-connected disability. The appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as the veteran did not have a service-connected disability rated totally disabling at the time of his death.

The Board has determined that the veteran's residuals of spinal meningitis were not caused or aggravated by his active military service from March 1951 to April 1955, and therefore denied the claim for service connection.

The Board has determined that the August 1995 rating decision contained clear and unmistakable error in denying service connection for a skin rash. The effective date of November 30, 1994, is granted for the award of service connection for polymorphous light eruption.

The Board has remanded the case for additional development, including a VA cardiovascular examination to determine if the veteran's congenital heart disease worsened during service. The claim will be reconsidered based on the new evidence.

The Board has denied the veteran's claims for service connection for periodontal disease, finding that it is not a compensable condition due to lack of in-service trauma. The issue of outpatient dental treatment was also addressed but remains pending.

The veteran's unauthorized medical expenses from September 4, 2002, through September 9, 2002 were not reimbursable as he was stable and did not require continued emergency treatment.

The veteran's service-connected residuals of shell fragment wounds of the right hand are currently manifested by invisible or barely visible scars without functional loss. The claim for an increased rating is denied.

The veteran's service-connected actinic keratosis, squamous and basal cell carcinoma is currently rated at 30 percent. The claim for an increased evaluation has been granted.

The Board previously denied the veteran's claim for service connection for hepatitis C, but remanded it due to insufficient examination report. The case is now being returned to the RO for further consideration.

The veteran's claims for increased ratings for his service-connected left elbow and left knee disorders were denied by the RO. The RO found that the veteran did not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board has determined that the veteran's degenerative joint disease of the cervical and lumbar spine does not warrant an evaluation in excess of 20 percent.

The Board has remanded the case for further development regarding an effective date earlier than April 8, 2004, for the award of a total disability rating based on individual unemployability due to service-connected disability (TDIU).

The Board found that the veteran's angioneurotic edema had its onset during her ACDUTRA period in September 1992, and granted service connection for this condition. The right knee disorder was rated at 10 percent.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by his service. The issue of entitlement to additional accrued benefits remains pending.

The Board has determined that the veteran's residuals from a stress fracture of the right second metatarsal bone, which includes removal of a neuroma, meet the criteria for a 30 percent disability evaluation.

The veteran's appeal has been withdrawn before the Board could make a decision.