Other conditions decisions — 2012

The Board denied the appellant's claim for an extension of her delimiting date for receipt of educational benefits under Chapter 35, Title 38, United States Code due to lack of entitlement based on the specific legal criteria and regulatory requirements.

The Board found that the Veteran's low back disability was not related to his military service, and denied claims for secondary right hip disability and respiratory disability. The initial compensable rating claim for bilateral hearing loss also failed.

The Board found that the appellant does not have a form or manifestation of spina bifida other than spina bifida occulta, which is not eligible for benefits under 38 U.S.C.A. § 1805 as a child of a Vietnam veteran.

The Board dismissed the appeal due to the Veteran's death, as veterans' claims do not survive their deaths.

The Veteran was granted a noncompensable rating for residuals of sprain to the left index finger in September 1993, effective July 28, 1993. He is now seeking earlier effective dates and increased ratings.,Service connection has been established for loss of use of the right hand secondary to the service-connected left index finger disability.

The Board has determined that the Veteran's tendonitis of the right elbow was incurred in active military service and grants service connection for this condition.

The Veteran's initial ratings for right and left lower extremity peripheral vascular disease were denied as they do not meet the criteria for a compensable evaluation.,The VA arteries examination report did not show claudication on walking more than 100 yards or diminished peripheral pulses or ankle/brachial index (ABI) of 0.9 or less, which are required for a compensable rating under DC 7114.

The Board has granted service connection for right hip strain with cartilage thinning and degenerative joint disease of the right index finger. Service connection is denied for arthritis of both hands and bilateral elbow disability, as well as erectile dysfunction.

The Board has granted a 30 percent rating for herpes, effective July 8, 2002. The Veteran's herpes is currently manifested by involvement of 18 to 24 percent of the entire body or 18 to 24 percent of exposed areas affected.

The Board denied the Veteran's petition to reopen his claim for service connection for lower thoracic spine strain with convex scoliosis at L3-L4, finding that new and material evidence had not been submitted. The evidence considered did not relate a current back disability to service or a service-connected bilateral foot disability.

The Veteran's cervical spine disability has been rated at 10 percent since March 2008, but the current evidence does not support a higher rating.

The Board denied the Veteran's claims for service connection for right ear hearing loss and an increased rating for residuals of a laceration to the right hand with residual scar and limitation of motion of the right little finger. The Veteran's claim for service connection for neuropathy of the upper extremities was granted in May 2011, but he did not file a notice of disagreement regarding the assigned rating.

The Board found that the Veteran's HIV did not have its onset in service and is not related to a disease or injury incurred in active service, thus denying his claim for service connection.

The Veteran's appeal is remanded due to the need for a personal hearing before a Veterans Law Judge.

The Veteran's appeal to reopen his service connection claim for poliomyelitis has been dismissed due to the death of the Veteran.

The Veteran's claim for an increase in the rating for his residuals of a right eye injury was granted, with a 10 percent rating effective June 13, 2010. No higher rating is warranted as there is no evidence of loss of visual acuity or visual field.

The Veteran's service-connected shell fragment wounds of the legs are rated at 10 percent from February 10, 2006 onwards.

The Veteran's appeal is remanded due to incomplete records and the need for further adjudication of whether the overpayment was validly created.

The Board has granted service connection for residuals of sling paralysis of the left arm, manifested by a resting tremor, finding that such disability is related to active duty.

The Board denied the Veteran's claim for service connection as his current bilateral foot disorder is not shown to be related to his active military service.