Other conditions decisions — 2007

The Board has remanded the case for additional development, including obtaining medical records and providing proper VCAA notice.

The veteran's claim for an increased rating for chorioretinitis of the left eye with blindness was denied as there is no anatomical loss in that eye. The total disability rating based on individual unemployability due to service-connected disabilities was also denied.

The Board has granted the veteran's claim of service connection for sickle cell anemia, finding that new and material evidence was presented to reopen the claim. The criteria for direct service connection have been met due to the disease first manifesting during service.

The Board found that the service-connected residuals of a shrapnel wound of the chest did not cause or contribute to the veteran's death, and thus denied the claim for service connection for the cause of his death.

The veteran's claims for service connection for impotence and entitlement to special monthly compensation for loss of use of a creative organ were not granted before February 27, 2004. The effective dates are denied.

The VA has denied an increased evaluation for the veteran's shell fragment wound to the right axilla, as his current rating of 10% is considered appropriate based on the nature and extent of his scar.

The Board has determined that an earlier effective date for the grant of service connection for cause of the veteran's death is not warranted, as the RO did not receive a formal claim within one year of the veteran's death.

The RO denied the veteran's claim of service connection for bilateral chondromalacia patella, finding that new and material evidence had not been received to reopen his previously denied claim.

The Board denied the application to reopen the claim of service connection for a disability manifested by chest pain, finding that the new evidence does not relate to an unestablished fact necessary to substantiate the claim.

The veteran's service-connected residuals of corneal disease of the left eye are currently evaluated as 30 percent disabling. The Board finds that his right eye, which is not service-connected, has a visual acuity better than 20/50 and thus does not meet the criteria for a higher rating.

The veteran's claim for service connection for Crohn's disease was denied in August 1983, and the RO assigned an effective date of March 11, 2002 for his current service-connected Crohn's disease. The Board found that this effective date is correct as it is based on the date of receipt of the application for the benefit.

The veteran's claims for service connection for arthralgias and muscle and joint pains, as well as a psychiatric disorder to include PTSD, were denied. The Board found no objective evidence of current disability related to these conditions.

The Board has determined that the veteran's left knee disability warrants a rating of 20 percent, effective from April 8, 1999, to April 2, 2003, and from June 1, 2003, onward.

The Board found the debt valid and denied the appellant's application for a waiver of the overpayment due to her failure to timely file an application, as she did not receive proper notice of the indebtedness.

The Board found that the veteran's chronic conjunctivitis is currently rated as 10 percent disabling under Code 6018, which does not allow for a rating in excess of this level. The evidence did not support an increase to any higher rating based on other potentially applicable codes.

The veteran's service-connected left patellofemoral syndrome was initially granted but denied for an increased rating from September 16, 1998 to September 30, 2004.,From October 1, 2004 onwards, the veteran received a 10% disability rating for her service-connected left patellofemoral syndrome. Her right patellofemoral syndrome was not granted an initial compensable rating.

The appellant's claim for apportionment of the veteran's VA benefits was denied as she is not considered a spouse and thus not eligible for such benefits.

The Board has determined that the veteran does not currently experience symptoms related to his duodenal ulcer, and therefore denies an increased rating for this condition.

The veteran does not have current disability of the lower extremities that is attributable to cold injury sustained during service.

The veteran's bilateral knee disabilities, specifically his left knee with limitation of motion and right knee post-arthroscopy for medial and lateral meniscectomy, have been rated at 10 percent since December 10, 2001. The initial evaluation was granted for the period from December 10, 2001 to March 23, 2005, with a subsequent increase to 30 percent effective January 1, 2007.