Other conditions decisions — 2009

The Board has determined that the Veteran's service-connected right elbow disability warrants a noncompensable rating, effective September 4, 2003.

The Board denied the Veteran's claims for service connection for Guillian-Barre Syndrome and for specially adapted housing or special home adaptation grant. The decision found that there was no evidence linking the current GBS to his in-service fracture of the left tibia and fibula, and concluded that the Veteran did not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing.

The case is being remanded for additional VCAA notice and development to address the claims of service connection for cause of death and DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for increased evaluations of her chondromalacia patella of the left and right knees were denied as there was no evidence showing that their disabilities warranted a higher evaluation.

The Veteran's service-connected residuals of a head injury with fracture of the left orbital rim and inferior lateral wall of the left maxillary antrum are not manifested by any objective neurological deficits or symptoms, thus warranting a noncompensable rating.

The Veteran's claim for an effective date prior to March 1, 2006, for additional compensation for a dependent child was denied as the law does not authorize payment of benefits earlier than March 1, 2006.

The Veteran seeks service connection for cellulitis of the bilateral lower extremities, which he claims is related to his service-connected left inguinal herniorrhaphy. The Board finds that a remand is necessary due to inadequate VCAA notice and to obtain a VA examination.

The Board has determined that the appellant is not entitled to an earlier effective date for the non-service-connected pension benefits with aid and attendance prior to April 21, 2006.

The Veteran's claim for an increased rating for his spinal stenosis, L2-L3 and L3-L4 was denied. The Board found that the evidence did not support a higher disability rating under the applicable diagnostic codes.

The Board has determined that there is no new and material evidence to reopen the claim of service connection for tongue cancer, including as secondary to herbicide exposure.

The Veteran's right shoulder disability, characterized by a mid clavicle fracture and slight separation of the ACJ, has been rated at 10 percent since November 2006. The Board finds that his symptoms do not warrant an evaluation in excess of this rating.

The Veteran's S/P collapse lung, secondary to gunshot wound, is currently rated at 30 percent and does not meet the criteria for a higher evaluation.

The Board denied service connection for breathing problems and a dental disability, finding no current diagnosis or evidence linking these conditions to service.

The Veteran withdrew his appeal regarding the issue of entitlement to payment or reimbursement for medical expenses incurred at Charleston Area Medical Center on January 1, 2006.

The Veteran's claim is being remanded for an in-person travel board hearing as requested.

The Veteran's right hand disability is currently rated at 20 percent, the maximum rating available under Diagnostic Code 5308. The Board finds that his condition does not warrant a higher rating as it does not meet the criteria for more severe muscle disabilities.

The Veteran's testalgia residuals are manifested by symptoms of constant pain that is not remedied by use of a belt/truss support, warranting a 30 percent rating.

The Veteran's service-connected right knee disability, post-operative osteochondritis dissecans, was rated at 20 percent before April 14, 1998. The Board found that the condition warranted a higher evaluation.

The Board denied the appellant's claim for compensation benefits under 38 U.S.C.A. § 1151, finding that there was no evidence to support a finding of carelessness, negligence, or lack of proper skill on the part of VA in providing medical treatment resulting in additional disability.

The Board denied the Veteran's claims for service connection for arthritis of both feet and hands, as well as his higher ratings for residuals of a fracture of the ring finger of the right hand and chronic dermatophytosis of the feet. The Board found that there was no evidence to support these claims.