Other conditions decisions — 2006

The VA has determined that the veteran's service-connected left leg varicose veins do not meet the criteria for a higher evaluation than 40 percent.

The veteran's service connection claims for a right thumb disorder and trigeminal neuralgia (including tic and neuritis) have been denied as there is no evidence of current disability due to service.

The veteran's overpayment of nonservice-connected pension benefits is being remanded for further review, including a recalculated amount and an audit of the veteran's account. The RO must also locate and associate certain documents with the claims folder to ensure proper consideration of the veteran's waiver request.

The veteran's daughter, who was a high school student at the time of her 18th birthday in February [redacted], 2002, began attending college. The veteran submitted multiple statements and documents indicating his daughter's continued education and requesting retroactive benefits. The Board found that the effective date for dependency benefits should be set from February [redacted], 2002, to September 1, 2003.

The Board denied the appellant's claim for DIC benefits as he did not qualify as a 'child' of the veteran due to his inability to support himself at age 18.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of her uterine fibroid tumors.

The veteran is seeking service connection for right hip arthritis, claimed as secondary to his service-connected plantar warts. The claim has been remanded due to the need to obtain additional medical records and provide a VA examination.

The Board has granted service connection for transverse myelitis on a secondary basis to the veteran's service-connected SCLE. The remaining issues of SMC eligibility are pending and will be addressed by the RO.

The Board granted a rating of 30 percent for the veteran's cervical spine disability effective February 7, 2004. The previous rating was 20 percent.

The veteran's appeal for a higher initial rating for his right hand injury, which includes a fracture of the proximal phalanx of the right thumb, was denied by the Board. The evidence did not support an increased rating under the applicable VA rating criteria.

The Board denied the veteran's claims for increased ratings for residuals of right and left inguinal hernia repairs, as well as his claim for an initial compensable evaluation for residuals of an umbilical hernia repair. The RO found that there was no recurrent or symptomatic condition to warrant a higher rating.

The Board has determined that the veteran does not have lumps on both breasts that are causally or etiologically related to military service and therefore denied her claim for service connection.

The veteran's appeal is being remanded for additional development, including scheduling a personal hearing and conducting further adjudication.

The Board denied the veteran's claims for increased ratings for his knee disabilities, finding that there was no evidence of marked interference with employment or frequent periods of hospitalization to warrant an extra-schedular evaluation.

The Board finds that the veteran's personality disorder was not incurred in or aggravated by service, and therefore grants service connection based on a presumption of soundness.

The Board has determined that the veteran's death was caused by metastatic nasopharyngeal carcinoma, which is presumed to be related to his exposure to Agent Orange during service. As a result, the claim for service connection for the cause of the veteran's death is granted.

The VA denied the veteran's claims for increased disability ratings for her hammertoes of both feet, finding that they do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the veteran's duodenal ulcer is no more than mild in degree, with recurring symptoms once or twice yearly. Therefore, a higher rating for this condition is denied.

The Board granted the veteran's claim for an increased evaluation of 40 percent for active process psoriatic arthritis and remanded other issues including service connection claims and diminished eyesight secondary to his service-connected disabilities.

The Board denied the veteran's claim for an earlier effective date for a 100 percent evaluation for loss of one hand and one foot, finding that the July 22, 1997 rating decision became final due to lack of timely notice of disagreement.