Other conditions decisions — 2006

The Board denied the veteran's claims for initial compensable and subsequent increased ratings for residuals of a left tibia fracture, finding that the evidence did not support higher evaluations.

The Board has determined that there is no current diagnosis of pyelonephritis or other urinary problems, and thus the veteran's service connection claim for pyelonephritis is denied.

The Board has determined that the veteran's service-connected right eye disability is currently rated at 30 percent, which is the maximum schedular rating available. The veteran was also awarded special monthly compensation for loss of use of one eye due to his service-connected right eye disability.

The Board has granted an increased evaluation of 20 percent for the service-connected right knee disability, which approximates dislocated semilunar cartilage with frequent episodes of locking, pain, and effusion into the joint.

The veteran's appeal for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound has been dismissed due to his death.

The appellant's income exceeds the maximum annual pension rate, preventing her from receiving death pension benefits.

The veteran is seeking an earlier effective date for a 10% disability rating for his service-connected dermatophytosis of the feet. The RO's February 1968 decision, which granted service connection and assigned a noncompensable initial disability rating, was not found to be clearly and unmistakably erroneous.

The Board denied an increased rating for residuals of a fracture of the left middle finger, finding that the evidence did not meet the criteria for a compensable rating.

The Board has remanded the case due to issues related to the validity of an overpayment of Department of Veterans Affairs educational assistance benefits. The veteran's accredited representative requested a hearing, and the case is now scheduled for an in-person hearing before a Veteran's Law Judge at the Manila RO.

The Board has remanded the case for a Travel Board hearing and further development.

The Board finds that the appellant is entitled to recognition as the surviving spouse of the veteran for the purpose of VA benefits.

The Board found that the veteran's right rotator cuff tear and tendonitis are not related to his service-connected disability, specifically his shell fragment wound to the right shoulder. The Board also determined that the residuals of the shell fragment wound do not warrant a higher evaluation.

The veteran's claim for reimbursement of medical expenses incurred at Saint John Medical Center from February 5 to February 7, 2004 was denied because she did not meet the requirement that she had received VA medical services within the 24-month period preceding the emergency treatment.

The Board dismissed the appeal because a timely substantive appeal was not filed as to the issue of an earlier effective date for the grant of TDIU.

The Board denied the appellant's request for increased death pension benefits based on claimed additional funeral expenses, as she failed to submit proof of such payments.

The veteran's appeal is being remanded for additional development to determine the nature and etiology of his central nervous system disability, assess whether he has a current lumbar spine disability as a result of VA treatment in November 1975, verify any claimed stressors for PTSD, and obtain all relevant medical records.

The Board has determined that the veteran's right foot disorder is not related to service and therefore denied his claim for service connection.

The Board granted a 10 percent disability rating for the veteran's service-connected left hip disorder, effective from the date of his claim in July 2001 to March 27, 2006. From that point onward, a separate 10 percent rating was granted for limitation of rotation and adduction.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing an increase in disability prior to June 22, 2004.