Other conditions decisions — 2007

The Board denied the appellant's claim of entitlement to helpless child benefits on the basis of permanent incapacity for self-support prior to attaining the age of 18, finding that new and material evidence had not been submitted.

The veteran's service-connected glomerulonephritis is currently rated at 60 percent, which is the maximum rating available for this condition. The Board found that his symptoms do not warrant a higher evaluation and denied his claim for an increased rating. For the TDIU issue, the Board determined that the veteran's service-connected disability does not render him unemployable when considered with his education and occupational experience.

The veteran's claim for service connection for residuals of cold injuries to the left and right upper extremities was granted with an effective date of March 29, 2001.

The veteran's claim for reimbursement of unauthorized medical expenses incurred on May 24, 2005, at a non-VA hospital was denied because the treatment did not meet the criteria for emergency care and there were no indications that delaying the visit would have been hazardous to life or health.

The Board has denied the claim for service connection for the cause of the veteran's death, finding that neither emphysema nor congestive heart failure is related to his military service and that his PTSD did not play a material causal role in his death.

The Board has remanded the veteran's claims for additional development due to lack of recent examinations and outstanding private treatment records.

The veteran's claims for increased ratings and service connection were denied. The VA determined that the veteran did not meet the criteria for a higher rating for his dorsal spine injury, as his forward flexion was within normal limits. His PTSD symptoms did not warrant an increased rating beyond 50 percent. For shrapnel wounds to both knees, he received no compensable rating due to functional limitations. The VA also found that there was insufficient evidence to establish service connection for the claimed residuals of a nephrectomy.

The Board has granted the veteran's petition to reopen his claim for service connection for club feet, finding that new and material evidence has been submitted. The case is now remanded for further examination to determine if the veteran's preexisting condition worsened during service.

The Board denied the appellant's claim for VA death benefits as her father did not have qualifying service as a veteran, and she was over the age of 23 at the time of filing.

The Board found that new and material evidence had not been received to reopen the claim of service connection for a skin disability, as no medical evidence was provided showing an inservice skin disability or a nexus to service.

The veteran's appeal is being remanded due to the submission of additional medical evidence. The AOJ will review this evidence and issue a supplemental statement of the case.

The Board has remanded the case for further development regarding the veteran's exposure to ionizing radiation and whether he had occupational exposure that would entitle him to special development of the claim.

The Board has determined that the veteran's service-connected arthritis of the right hand does not warrant a compensable disability rating due to almost full range of motion and adequate grip strength.

The Board denied the appellant's application to reopen her claim of legal entitlement to VA benefits, finding that new and material evidence had not been submitted. The decision was based on the appellant's failure to provide evidence from a United States service department demonstrating qualifying service.

The Board denied the veteran's claims of service connection for residuals of a right eye disorder, a right elbow disability, and a gastrointestinal condition. The evidence did not support these claims.

The Board of Veterans' Appeals has determined that the appellant's discharge from service was under dishonorable conditions due to persistent and willful misconduct. As a result, his character of discharge is considered a bar to VA benefits.

The veteran's skin disability is rated at 10 percent, and his right hip replacement is rated at 30 percent. The RO will obtain VA medical records from September 2006 to the present.

The Board has denied the veteran's claims for service connection for a chronic skin disorder, a disability manifested by sleep loss, and multiple joint arthritis. The veteran is also not entitled to increased ratings for his shell fragment wound of the right knee, bilateral hearing loss, or peroneal nerve damage.

The Board found that the clinical evidence contradicted the veteran's statements regarding chronic and continuous symptoms of mumps, including scrotal pain and swelling, and scabbing lesions on buttocks, since service. The claim for service connection was denied.

The Board has determined that the veteran's current disability level does not warrant a rating in excess of 40 percent, as his symptoms do not meet the criteria for a higher evaluation under applicable diagnostic codes.