Other conditions decisions — 2006

The Board denied an increased disability rating for the veteran's service-connected injury to Muscle Group V, finding that the evidence did not show exceptional or unusual circumstances warranting referral for extraschedular consideration.

The Board has determined that the appellant's upper extremity impairment is not proximately due to or the result of his service-connected low back disability, and thus denied his claim for service connection.

The Board has denied the veteran's claims for service connection for a bilateral hernia and left varicocele, as well as his claim for an increased rating for a fractured, healed, right 5th metacarpal. The evidence submitted since the last final denial is not new and material to reopen the claim of service connection for these conditions.

The Board has remanded the case due to incomplete records and the need for a VA examination.

The veteran's postoperative low back disability, resulting from spondylolysis at L5 with laminectomy and spinal fusion, is currently rated as 20 percent disabling. The evidence does not support a higher evaluation due to moderate limitation of motion.

The veteran's appeal is being remanded to obtain additional VA treatment records and for a new examination. The issue of entitlement to an increased rating for his right lower extremity disorder will be reconsidered after these actions.

The Board has determined that the October 2001 rating decision denying service connection for a right knee injury was clearly and unmistakably erroneous, and an effective date of July 20, 1998 is granted.

The Board has determined that the veteran's claim requires additional development, including obtaining VA treatment records and conducting a VA examination to determine if he currently has a disability manifested by a sore throat and coughing up blood. The appeal is REMANDED for these actions.

The Board has denied the veteran's claims for service connection for residuals of a left leg fracture, blood clots of the left arm, and urinary tract infection. The evidence does not support these claims as they are all related to post-service events or conditions.

The Board has determined that the veteran is not entitled to a rating in excess of 40 percent for defective hearing from January 9, 2001 to June 22, 2003. Since June 23, 2003, he meets the criteria for a 50 percent rating.

The Board found that the July 1989 rating decision denying service connection for a skin condition was not clear and unmistakable error.

The Board finds that the veteran's current cold agglutinin disease is not related to his military service, and thus denies the claim for service connection.

The Board finds that the veteran's lumbar spine disability, characterized by intervertebral disc syndrome and marked degenerative joint disease, does not meet or approximate the criteria for a higher rating than the current 20 percent assigned.

The appellant's income exceeded the maximum annual income for improved death pension benefits, resulting in her pension being terminated.

The Board denied the appellant's claim for an increased rate of DIC benefits, finding that she was not married to the veteran for a period of eight years immediately preceding his death. The appeal is dismissed.

The Board has determined that the veteran's cause of death was not related to his service, and thus denied the claim for service connection for the cause of the veteran's death.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of qualifying service as per regulations set by the United States Department of Veterans Affairs.

The veteran's hospitalization for a non-service-connected disability was not eligible for reimbursement under VA policies due to the presence of health insurance coverage.

The Board has remanded the case for additional development due to incomplete medical records and further examination.