Other conditions decisions — 2006

The Board finds that the veteran's cancer of the rectum was not caused by VA treatment, and thus compensation benefits under 38 U.S.C.A. § 1151 are denied.

The Board has granted a 20 percent evaluation for the veteran's thoracic spine muscle strain with compression fractures, effective from November 1996.

The veteran's service-connected residuals of a fracture of the right ring finger, with post-traumatic arthritis and limitation of motion of ring and little finger have not met the criteria for an increased rating beyond the current 10 percent evaluation.

The Board has determined that the veteran currently has chronic right groin muscle strain, which is related to a fall during ACDUTRA in May 2000. The claim for nerve damage of the pelvic area was denied as there is no evidence of such condition.

The Board granted a 10 percent rating for the veteran's service-connected thoracic spine disability based on findings of slight limitation of motion and compression fracture deformity at T12. Additional ratings under Diagnostic Code 5285 were not warranted due to lack of demonstrable deformity in other thoracic vertebrae.

The Board denied service connection for a neurological disorder and a muscle disorder, finding that the veteran's current conditions were not related to his in-service burns or herbicide exposure.

The Board found that the veteran's intervertebral disc syndrome is currently manifested by mild to moderate degenerative changes, with moderate limitation of motion but without additional functional impairment due to pain or significant neurological manifestations. Therefore, the criteria for an evaluation in excess of 20 percent have not been met.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the base of the tongue due to exposure to Agent Orange, finding that new and material evidence had not been presented. The decision is final as it was not appealed.

The Board has determined that the appellant is not entitled to an increased monthly apportionment of the veteran's VA benefits in excess of $67 on behalf of their child, as her income exceeds her expenses and there would be undue hardship for the veteran.

The veteran's appeal has been withdrawn before the Board could make a decision. As such, the case is dismissed.

The veteran's dysthymia was rated at 70 percent effective March 11, 2002. His TDIU rating was also granted effective that date.

The Board found no evidence linking the veteran's service-connected duodenal ulcer to his death from colon cancer, and denied both service connection for the cause of death and DIC benefits under 38 U.S.C.A. § 1318.

The appellant is not eligible for a nonservice-connected disability pension due to lack of active service during a period of war, and his claim must be denied by operation of law.

The veteran's death was not caused by a service-connected disability, and there were no due but unpaid benefits to which the veteran was entitled at his date of death. The appellant's claims for accrued benefits and Dependents' Educational Assistance are denied.

The Board has granted an initial 10 percent rating for the veteran's right thumb injury, effective from September 2003.

The Board found that the veteran does not have a current disability involving an ulcer or ulcer disease, and no evidence of chronic gastritis. The appeal for service connection was denied as there is no established service-connected condition to which the claimed ulcer could be secondary. The appeal for increased rating for gastritis was also denied due to lack of evidence showing symptoms warranting a higher rating.

The Board has determined that the veteran's hiatal hernia with reflux and history of peptic ulcer disease warrants a 30 percent rating, as his symptoms are best characterized under Diagnostic Code 7346.

The Board has determined that the veteran does not have a left ear hearing disability that is the result of disease or injury incurred in or aggravated by active military service.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Bloomington Hospital on December 2, 2003 and December 3, 2003 due to failure to meet the filing requirement under 38 C.F.R. § 17.1004.

The case is being remanded to the RO for scheduling a Travel Board hearing. The veteran should be notified of the hearing date and any subsequent action will depend on whether the hearing is held or if the veteran withdraws their request.