Other conditions Board decisions

The Board has remanded the case for a Travel Board hearing due to technical issues with the previous hearing. The veteran's claim of service connection for thrombocytopenia, claimed as myeloproliferative syndrome, is pending.

The Board has determined that the appellant's left fifth toe disability warrants a 20 percent evaluation, which is the maximum rating available under Diagnostic Code 5284 for foot injuries other than those involving hallux valgus or hammer toes.

The case is remanded for the issue of entitlement to waiver of recovery of the overpayment of educational assistance. If waived, the veteran will be notified and given the opportunity to appeal.

The Board has remanded the case for additional development, including obtaining missing VA medical records and providing the appellant with a comprehensive examination to determine current residuals of service head trauma.

The appellant is not eligible for Survivors' and Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because he turned 26 before the veteran's death.

The appellant's claim for non-service-connected disability pension benefits was denied because he lacked the requisite military service.

The Board has reviewed the evidence and determined that new and material evidence has not been submitted to reopen the claim of service connection for residuals of a gunshot wound to the left arm. The claims for service connection for malaria and dysentery remain denied as there is no current medical evidence supporting these conditions.

The Board has determined that the veteran's service-connected residuals of fractures at T6-T8 with traumatic arthritis do not meet or more nearly approximate the criteria for a higher rating, and thus denies an increased rating.

The veteran's appeal for special monthly compensation based on the need for regular aid and attendance and/or housebound status has been dismissed due to his death.

The Board has granted an effective date of March 24, 1986 for service connection for the cause of the veteran's death and entitlement to Dependency and Indemnity Compensation (DIC). The decision is based on a letter from the appellant's Congressman received in March 1986 which indicated the appellant was seeking service connection for the cause of her husband's death.

The veteran's service-connected Crohn's disease is currently rated at 40 percent, but the Board found that there was no evidence of frequent exacerbations, marked interference with absorption and nutrition, or evidence of impairment of health. The disability does not meet criteria for a higher rating.

The Board finds that the veteran does not have a chronic thoracic spine disability attributable to his period of active duty. The service medical records do not show any findings related to the thoracic spine, and there is no objective medical evidence attributing his currently diagnosed thoracic spine spondylosis to his period of service.

The case is being returned to the RO for clarification of certain matters, including the veteran's service dates, his reported death, and the appellant's relationship/standing in connection with the claim. The appellant was scheduled for a Travel Board hearing but did not attend.

The VA has denied the veteran's claims for increased ratings for his service-connected fractures of the right clavicle and dislocation of the right hip, as there is no evidence showing that these conditions warrant a higher rating based on current medical findings.

The Board has determined that the reduction in rating to 30 percent for chondromalacia of the left knee was proper and denied entitlement to an increased evaluation for chondromalacia of the right knee.

The Board denied the veteran's claim for special monthly compensation (SMC) based on loss of use of his left foot, finding that he does not have a condition equivalent to complete paralysis of the common peroneal nerve.

The Board denied an earlier effective date for the award of dependency and indemnity compensation benefits, finding that it was legally precluded due to a previous severance decision.

The Board denied the veteran's request for a waiver of an overpayment of VA compensation benefits in the amount of $2,305.00 due to his failure to report changes in the status of his dependents.

The Board denied the veteran's request for an extension of his delimiting period for receiving educational assistance benefits under Chapter 30, finding that there was no basis within existing law or regulations upon which to extend the veteran's eligibility period.

The Board has dismissed the appeal due to the death of the veteran, as veterans' claims do not survive their deaths.