Other conditions decisions — 2007

The veteran withdrew his appeal of the issue regarding a monthly compensation rate of $2,193 retroactive to July 14, 1997. The September 1997 rating decision finding him not competent to handle disbursement of funds is final as no timely notice of disagreement was received.

The veteran's claim for a higher rating for his left testicle injury to include varicocele was denied as the evidence did not raise a reasonable possibility of substantiating that claim. The appeal for an earlier effective date for PTSD is legally precluded.

The Board denied the veteran's claim for attorney fees as the fee agreement between the appellant and the veteran did not meet the basic statutory and regulatory requirements for payment of attorney fees.

The veteran's application for enrollment in the VA healthcare system was denied as he did not qualify under any of the priority categories and his application was received after January 17, 2003.

The veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is being remanded due to the need for additional medical examination.

The veteran's service-connected left eye disorder, which is currently rated at 10 percent, does not meet the criteria for an initial evaluation in excess of 10 percent. The claim for TDIU was also denied as there is no evidence showing that his service-connected disability precludes him from securing and following a substantially gainful occupation.

The veteran's claim for VA educational assistance benefits under Chapter 30, Title 38, United States Code is denied as he did not meet the eligibility requirements due to his general discharge from service.

The Board found that the appellant's arthritis was not incurred in or aggravated by service and denied his claim.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that there was no evidence to support a causal relationship between the veteran's military service and his fatal condition.

The Board denied service connection for an innocently acquired psychiatric disorder, including enuresis. The issues of service connection for a bilateral hip disorder, knee condition, ankle condition, and Crohn's disease as secondary to the hip condition are pending.

The Board has determined that the cause of the veteran's death, esophageal cancer, was not caused by or a result of his service-connected post-operative residual shell fragment wound left leg involving muscle group XI with shortening of leg. The preponderance of evidence is against this claim.

The Board has ordered that an appropriate VCAA letter be sent to the veteran in connection with his claim of entitlement to service connection for a urinary tract condition. The case is now REMANDED for further development and readjudication.

The Board denied service connection for a bilateral leg disorder and coccygeal strain, finding that the evidence did not support these claims.

The Board found that the veteran's perforated colon and subsequent surgeries were not caused by VA's negligence or carelessness, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's left hip disability was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred in service.

The Board has determined that additional medical development is needed to determine if the veteran currently has a left elbow disability and its relationship to his military service, including an injury in January 1976.

The veteran's claim for an initial rating in excess of 30 percent for aortic insufficiency with mitral valve prolapse is being remanded due to the need for additional VA examination and updated medical records.

The VA has granted the veteran a 30 percent disability rating for her service-connected pelvic adhesive disease, but found that this is not an extra-schedular case due to the availability of the highest schedular rating.

The Board has decided to remand the case for additional development, including obtaining Social Security Administration records and scheduling a VA examination. The veteran's claim for an evaluation in excess of 10 percent for his service-connected duodenal ulcer remains on appeal.

The Board found that the cause of death was not service-connected, and thus denied service connection for the cause of death. The DIC claim under 38 U.S.C.A. § 1318 was also denied as there is no evidence to support a finding that the veteran's death was due to his service-connected conditions or any other condition attributable to service.