Other conditions Board decisions

The veteran's daughter was not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her eligibility period expiring before she submitted the claim.

The Board has remanded the case for further development and due process, including obtaining additional medical records from various providers.

The Board found that the veteran's thoracic spine disorder did not warrant a compensable initial evaluation, as his range of motion was full and he had no symptoms such as spasm or guarding. The claim is denied.

The Board found no competent medical evidence linking the veteran's current dermatological complaints and symptoms of the hands and feet to his inservice exposure to cold weather, thus denying service connection for residuals of a cold injury.

The VA determined that the veteran's right Achilles tendon injury did not warrant a higher evaluation prior to September 2, 2004. From September 2, 2004 onwards, it warranted a 20% evaluation.

The Board has denied the veteran's claims for service connection for genitourinary and liver disabilities, both claimed as secondary to exposure to lead-based paint. The claim for an increased rating for pulmonary emphysema is being remanded.,Service connection was not granted for either of the two conditions due to a lack of medical evidence linking them to military service or inservice exposure to lead-based paint.

The veteran's claims for increased ratings for residuals of shell fragment wounds to the forehead and left thumb were denied as his scars do not meet the criteria for a compensable evaluation under VA rating criteria.,The veteran's claim for an increased rating based on multiple, noncompensable service-connected disabilities was also denied.

The Board has determined that a rating in excess of 10 percent for residuals of left orchiectomy with right epididymitis is not warranted based on the evidence provided.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his death to his military service or a service-connected condition.

The Board found that the appellant received overpayment of educational benefits due to his withdrawal from a course, and denied waiver of recovery of this overpayment.

The veteran's claims for an increased rating for right optic nerve injury, Purtsher's retinopathy, and a total rating based on unemployability due to service-connected disability were denied as the appellant failed to report for a scheduled VA examination.

The Board found no evidence of a traumatic dental injury in service, and the veteran's claimed TMJ dysfunction is not shown to be related to active duty. Therefore, service connection for these conditions was denied.

The Board found that the veteran's arthritis of multiple joints is not related to his service, specifically cold exposure while in naval service. The evidence does not support a finding of cold injury or any other incident of service causing the current condition.

The veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claim for service connection for a skin disability, including porphyria cutanea tarda (PCT), as secondary to exposure to Agent Orange. The evidence did not establish that PCT was manifest within one year of the last date of herbicide exposure.

The Board has remanded the case due to a need for further development, including obtaining an opinion on whether the veteran's current skin disorder is related to his service and herbicide exposure.

The Board has determined that the veteran does not have a sinus disability related to service and his broken left heel with residual tendonitis is currently rated at 10 percent, which cannot be increased.

The Board has denied the veteran's claims for service connection for temporomandibular joint disorder and diabetes mellitus, type II. The claim for temporomandibular joint disorder was denied as there is no evidence of an in-service injury or disease that caused the current condition.

The Board has determined that H.A.J., the veteran's grandchild, cannot be recognized as his adopted child for VA purposes due to her continued living with her natural parents and their involvement in caring for her.

The veteran's claim for VA pension benefits was received by the RO on August 26, 2005, and this date is considered the earliest effective date that can be assigned.