Other conditions decisions — 2006

The veteran's right hip disability was initially rated at 20 percent prior to July 25, 2001. The rating was increased to 30 percent effective July 25, 2001.

The Board has determined that the veteran's current back disability is related to his military service and granted service connection for the residuals of a back injury.

The veteran's appeal is being remanded to schedule a hearing before a Veterans Law Judge at the local VA Regional Office.

The Board has remanded the case for further development due to missing recent medical records.

The veteran's initial evaluations for his left forearm and hand disabilities are denied as they do not meet the criteria for higher ratings.

The Board has determined that the veteran does not have myomatous uterus, status post total vaginal hysterectomy, related to her active service or her service-connected stress urinary incontinence.

The Board has reopened the veteran's claim and finds that he had additional disability in both hands due to surgeries performed at VA medical facilities, which was caused by carelessness or lack of proper skill on the part of VA.

The Board has reopened the appellant's claim for recognition as the surviving spouse of the veteran due to new evidence provided, and will now consider whether she is eligible for Dependency and Indemnity Compensation benefits.

The veteran's biological daughter developed colon cancer, but the condition is not covered by VA monetary allowance policies. The claim for a monetary allowance is denied.

The Board has reopened the veteran's claim for service connection for a pulmonary disability and granted service connection based on evidence showing that his restrictive lung disease is at least as likely as not due to pneumonia in service.

The Board has reopened the appellant's claim for recognition as the veteran's surviving spouse, finding that new and material evidence has been submitted. However, it was determined that she and the veteran were not married at the time of his death due to their separation after a divorce.

The veteran's claims for increased ratings and earlier effective dates were denied. The right and left foot residuals of cold injury are currently rated at the maximum available under Diagnostic Code 7122, which is 30 percent each. The TDIU claim was granted on October 31, 2001, with no earlier effective date.

The Board denied the appellant's request to reinstate her VA death pension benefits, finding that reinstatement is not allowed for death pension benefits due to a terminated marital relationship.

The veteran's appeal is being remanded due to the need for additional development and notification under VCAA.

The Board denied the appellant's claim for VA benefits as her husband did not have the requisite military service to establish basic eligibility.

The veteran's claim for an increased rating for her post-operative residuals of a laminectomy and discectomy, L5-S1, currently rated as 10 percent disabling is being remanded due to the need for additional medical records.

The Board denied an earlier effective date for the veteran's separate 10 percent ratings for degenerative joint disease of his right and left knees, determining that the proper effective date is November 6, 2000.

The Board has determined that the veteran's failure to report his Social Security Administration income was not fraudulent or intentional, and thus he is entitled to a waiver of overpayment.

The Board has ordered additional development to determine if the appellant had verified active service with the United States Armed Forces, as required for VA benefits.

The veteran's right inguinal hernia was rated at 30 percent from October 16, 2003 to November 16, 2003 and granted a 10 percent evaluation thereafter.