Other conditions decisions — 2009

The Board denied the veteran's claim for service connection for a left hip disorder, finding that there was no evidence linking the condition to his military service or to his service-connected degenerative joint disease of the left knee.

The veteran's claim for a higher rating for his service-connected left elbow injury was remanded to the RO/AMC for further development, including a new VA examination.

The veteran withdrew his appeals for service connection for a right leg injury and a respiratory disorder, thus these issues are dismissed.

The veteran's claim for eligibility for specially adapted housing or a special home adaptation grant was remanded for an appropriate VA examination to determine the reason(s) for any loss of use of his lower extremity.

The veteran's service-connected right shoulder disability is not manifested by dislocation or nonunion of the clavical or scapula, ankylosis or compensable limitation of motion, or degenerative changes in more than one joint or joint group. The Board denied a higher initial rating.

The veteran's claim for a higher initial evaluation in excess of 10 percent for service-connected scoliosis, vertebral back pain is being remanded for further development.

The veteran's effective date for the grant of individual unemployability (TDIU) was properly awarded as August 13, 2004, which is the day after his last day of work.

The veteran's venereal warts do not meet the criteria for a compensable disability rating.

The veteran's claim for an earlier effective date for the award of service connection for non-small cell carcinoma of the lung was denied as a matter of law, since he did not file a formal claim for this condition until May 11, 2005.

The Board remands the case for a VA foot examination to determine if the veteran's left 5th toe amputation was caused by his service-connected plantar fasciitis.

The case is remanded for further development and readjudication of the veteran's claims.

The veteran's service-connected disabilities do not meet the schedular criteria for a total rating based on individual unemployability, and there is no evidence that he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The veteran's claim for an initial disability rating in excess of 10 percent for Bell's palsy was remanded to the RO for additional development, including a VA examination and obtaining any relevant medical records.

The veteran's fractured leg following hospitalization and treatment at a VA Medical Center in September 2005 did not result from carelessness, negligence, lack of proper skill, error in judgment, or similar incidence of fault on the part of the VA, nor is it the result of an event that was reasonably foreseeable.

The appeal was dismissed due to the veteran's death.

The appellant, who is the veteran's daughter and was 26 years old before her father received a permanent and total disability rating, is not eligible for Dependents' Educational Assistance benefits under Chapter 35.

The veteran's currently diagnosed bilateral eye disorder was not related to his in-service bilateral eye injury or otherwise to his period of active military service.

The veteran's discharge was not honorable, and he did not meet the service requirements for Chapter 30 benefits.

The veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code, was denied due to not meeting the required service period.

The Board remands the claim for further development to clarify certain issues related to the appellant's authorization and payment of services provided to the veteran.