Other conditions decisions — 2007

The appellant's grandson is not eligible for additional VA death pension benefits as he does not meet the legal eligibility criteria of being a natural child, adopted child or stepchild of the veteran.

The veteran's claim for an increased rating for his service-connected dysthymia, including adjustment disorder with mixed emotional features, is being remanded due to the need for additional examination and employment leave records.

The veteran's claim for an earlier effective date for a total disability rating based on individual unemployability was denied because the single service-connected condition (perirectal abscess) did not meet the minimum percentage requirement of 60% before August 21, 1992.

The veteran's request for a waiver of overpayment of pension benefits was denied because it was not filed within the required 180-day period after notification of the indebtedness.

The veteran's appeal is remanded for a VA examination to assess the current severity of his right shoulder disability and any associated neurological disorders. The case will be readjudicated after obtaining all relevant treatment records.

The Board denied the veteran's claim to reopen his service connection for bruxism as there was no legal basis for the claim due to bruxism not being a compensable disability.

The veteran's application for enrollment in the VA medical healthcare system was denied as he does not meet the eligibility criteria for any priority group and applied after January 17, 2003.

The Board has determined that the veteran's treatment on January 14, 2005 at Shands Jacksonville Medical Center was for a medical emergency and has granted payment or reimbursement of unauthorized medical expenses.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for removal of all upper teeth due to in-service trauma. However, the veteran does not have a compensable dental disability or condition resulting from such trauma, thus the claim is denied.

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

The appellant is not eligible for retroactive Dependents' Educational Assistance (DEA) benefits prior to March 24, 2002, as she did not file her application within one year of the initial award of permanent and total disability rating for her father's service-connected condition.

The veteran's right thumb disorder was evaluated at 40 percent prior to May 1, 2005.,Since May 1, 2005, the veteran is rated at 30 percent for his right thumb disability.,The RO has requested restoration of a 40 percent evaluation from May 1, 2005.

The Board has remanded the case to determine if service connection for arthritis of both hips is warranted, as secondary to avascular necrosis of both hips.

The Board has determined that the veteran's chronic otitis externa does not warrant a compensable rating, as there is no evidence of swelling, dry and scaly or serous discharge. The most recent VA examination noted active bilateral ear infections and monthly pruritus (itching), but these symptoms are insufficient to meet the criteria for a 10% disability rating under Diagnostic Code 6210.

The Board has determined that squamous cell carcinoma of the anal verge was not incurred in or aggravated by active service and is not proximately due to or the result of service-connected chronic boils of the buttocks.

The veteran's claims for increased ratings for his right knee disorders have been remanded due to procedural issues, including the failure of the veteran to appear at a scheduled hearing.

The veteran is seeking compensation for bowel disorder and sexual dysfunction allegedly caused by a VA surgical procedure in February 1995. The case has been remanded due to missing VA medical records.

The Board found that the veteran's laryngeal cancer was not incurred during active service and denied his claim.

The Board has determined that service connection is not warranted for Buerger's disease due to exposure to ionizing radiation.

The Board has determined that the veteran's skin disability and blood in stool are not service-connected due to lack of medical evidence showing their onset during active duty or as a result of an undiagnosed illness. The claim was previously denied, but with the change in regulations regarding the manifestation period for undiagnosed illnesses, the Board is considering the case on a de novo basis.