Other conditions decisions — 2007

The Board has denied the veteran's claim for an earlier effective date prior to November 13, 2002 for the grant of service connection for AML. The case is also remanded for additional development regarding a permanent and total 100 percent evaluation for AML from June 1, 2003.

The Board denied the veteran's claims for a compensable rating for postoperative conditions of a right inguinal hernia and service connection for lumbosacral strain with sciatica. The claim for a compensable rating was based on slight discomfort when lifting heavy objects, while the claim for service connection was not addressed due to its separate nature.

The veteran's appeal is being remanded due to the need for additional medical examination and consideration of weight-bearing position in evaluating his service-connected left ankle disability.

The RO granted service connection for the veteran's left hip arthritis and assigned an initial 20 percent disability rating retroactively effective from December 9, 1992.

The Board denied the appellant's application to reopen his previously denied claim of basic eligibility for VA disability compensation and pension benefits, finding that no new and material evidence had been submitted.

The Board dismissed the motion for revision of an August 30, 2005 decision on the grounds that it did not meet the requirements for a motion based on clear and unmistakable error (CUE).

The Board denied the appellant's claim for dependents' educational assistance under Title 38, Chapter 35, United States Code due to her lack of knowledge about possible sources of funding for higher education.

The Board has determined that a VA facility was not feasibly available for the veteran's treatment at United Regional Health Care System in September 2004, and thus grants the claim.

The Board has granted the veteran's claim for service connection for non-Hodgkin's lymphoma with an effective date of October 5, 2000.

The Board denied the veteran's claim for an earlier effective date for compensation for loss of use of his right foot, finding that the earliest date as of which it is factually ascertainable that an increase in disability had occurred was January 29, 1999.

The Board has determined that the veteran currently does not have a disability manifested by microscopic hematuria, and therefore service connection for this condition is denied.

The VA denied service connection for a pneumothorax in October 1998 and did not receive new and material evidence to reopen the claim.

The Board denied the appellant's claim for an apportionment of the veteran's VA benefits on behalf of his helpless child JJ, finding that the veteran reasonably provides support and there is no financial hardship.

The Board has determined that the veteran's current stomach and arthritis complaints are not related to his military service, leading to a denial of these claims.

The Board found that the veteran's cause of death, acute pulmonary embolus due to pelvic thrombophlebitis and hepatoma left hepatic lobe, was not related to varicose veins incurred during service. The VA physician reviewed the claims file and provided a rationale for his conclusion.

The Board has determined that the veteran's fracture residuals of the right index finger do not meet the criteria for a compensable rating under either the old or current VA rating criteria.

The Board has determined that the veteran was not a fugitive felon and therefore, the discontinuance of VA benefits due to being deemed a fugitive felon was improper.

The Board has determined that the veteran's service-connected venous vein insufficiency of the left lower extremity warrants a 40 percent initial disability rating for the entire appeal period.,Similarly, the Board has also determined that the veteran's service-connected venous vein insufficiency of the right lower extremity warrants a 40 percent initial disability rating for the entire appeal period.

The Board has ordered the RO to schedule a VA gastrointestinal examination for the purpose of determining the nature, etiology, and date of onset of any gastrointestinal disease. The veteran was not provided with proper VCAA notice regarding disability ratings and effective dates.

The veteran's claim for special monthly pension based on the need for regular aid and attendance is being remanded due to a worsening of his condition since his last VA examination.