Other conditions decisions — 2006

The Board has granted a rating of 30 percent for the veteran's service-connected gastrointestinal disorder, effective January 7, 2004. Prior to that date, the disability was rated as non-compensable.

The Board has determined that the veteran's service-connected left leg gunshot wound residuals do not meet or approximate the criteria for a higher evaluation than the current 10 percent rating.

The Board has denied the claim of service connection for rheumatism, claimed as arthritis, finding that there is no evidence of a disease or injury during service and no continuity of symptomatology after service. The Board also found that arthritis was not manifested to a compensable degree within one year following separation from service.

The veteran's service-connected cold injury residuals are of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU rating.

The appellant is not eligible for Department of Veterans Affairs death benefits due to her divorce from the veteran at the time of his death.

The Board has determined that new and material evidence has not been received to reopen the veteran's previously denied claim of service connection for residuals of a head injury. The appellant is seeking to have her claim reopened based on newly submitted evidence.

The veteran's overpayment of VA improved pension benefits is being remanded for further development, including a month-by-month accounting of his pension checks issued since January 2000.

The Board denied service connection for gout and generalized arthritis of multiple joints, but granted a noncompensable rating for residuals of a gunshot wound to the right hip. The veteran's claim for an initial compensable rating for his gunshot wound scar on the abdomen was denied.

The Board found no evidence linking the veteran's Crohn's disease to his military service or alleged herbicide exposure, and thus denied the claim.

The Board has determined that the veteran's impotency and sterility are related to his service-connected diabetes mellitus, granting service connection for these conditions.

The veteran's service-connected right hand fractures and left posterior chest stab wound scar are each rated as noncompensable, but the Board has granted a 10% evaluation for the postoperative residuals of fracture of the 4th and 5th metacarpals of the right hand due to chronic pain and stiffness. The veteran's left posterior chest scar is not compensably disabling.

The Board denied the appellant's request for an earlier effective date of December 1, 2003 for the apportionment of the veteran's pension benefits.

The Board denied the appellant's claim for accrued benefits based on his deceased daughter's alleged service, as the original claimant's service could not be verified by the National Personnel Records Center.

The Board found that the cause of death was not incurred until several decades after separation from service and is not related to service or a service-connected disability.

The Board has determined that the veteran's left carpel tunnel syndrome does not warrant a rating in excess of 10 percent.

The veteran's unauthorized medical expenses incurred on August 22, 2002 for private medical care were denied as the treatment was not for a medical emergency and VA facilities were feasibly available.

The veteran's claim for an earlier effective date for the award of a separate 30 percent disability rating for cold injury residuals of the right lower extremity is denied.,The veteran's claim for an earlier effective date for the award of a separate 30 percent disability rating for cold injury residuals of the left lower extremity is denied.,The veteran's claim for an earlier effective date for the award of total disability rating based on individual unemployability (TDIU) is denied.

The veteran's unauthorized medical expenses incurred for a nonservice-connected condition at a private hospital were denied as the VA facility was feasibly available and no emergency treatment conditions were met.

The Board found that the injuries sustained by the veteran in a motor vehicle accident during service were not incurred in line of duty due to his own willful misconduct.

The Board finds that the veteran's current skin disorder did not have its onset in service and is not related to his military service. The evidence does not support a finding of service connection.