Wrist & hand decisions — 2005

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the Board found that VA did not act negligently or at fault in causing his additional disability, and there was no evidence of negligence on VA's part.

The Board denied increased evaluations for residuals of a cervical spine sprain and laceration of the right wrist and third fingers, as well as service connection for residuals of a fracture to the cervical spine. The veteran's claims were based on direct evidence from his military service.

The veteran's appeal is being remanded to the RO for additional development, including allowing time for stressor verification and reviewing his claim for service connection for PTSD. The issues of whether new and material evidence has been received to reopen claims for arthritis of the lumbosacral spine, a ganglion cyst of the right wrist, and gout; and for increased ratings for hearing loss and diabetes mellitus are being remanded as well.

The Board has denied service connection for bilateral carpal tunnel syndrome and denied increased ratings for hallux valgus of the left foot and right foot.

The Board has determined that the veteran does not have a verified disability manifested by memory loss. However, he is granted service connection for bilateral hand disability and denied service connection for bilateral wrist disability.

The veteran's left wrist disability is currently rated at 30 percent due to ankylosis in a neutral position. No higher rating can be granted as the condition does not meet criteria for more severe ankylosis.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating any of the veteran's claims for service connection or compensation under 38 U.S.C.A. § 1151.

The Board found no left wrist pathology and denied the veteran's claim for service connection.

The Board denied increased ratings for bilateral hip scars and a right wrist disability, finding that the veteran's conditions did not warrant higher evaluations based on current medical evidence.

The VA determined that the appellant's left carpal tunnel syndrome and gastric ulcer do not warrant increased evaluations, as there is no evidence of complete paralysis or significant impairment.

The veteran was gainfully employed until September 19, 2002, despite her service-connected disabilities. The RO assigned an effective date of September 20, 2002, for the grant of a total evaluation based on individual unemployability.

The veteran's service-connected intervertebral disc syndrome, which is rated at 60 percent disabling, has rendered him unemployable due to his low back impairment. The RO initially denied the TDIU claim because he was receiving workers' compensation for the same disability. However, the Board found that as of February 10, 2003, when the veteran stopped working and began receiving worker's compensation, he could be granted a TDIU rating.

The veteran's claim for a compensable rating for fracture residuals of the left index finger was denied, and his claim for service connection for ganglion cyst of the left wrist was also denied.

The veteran's service-connected low back strain is currently rated at 20 percent, the maximum schedular rating available under the old and revised criteria. The right wrist carpal tunnel syndrome with strain issue remains pending.

The Board denied the veteran's claims for service connection for low back disorder, cervical spine disorder, and left carpal tunnel syndrome, finding that there was no evidence to support these claims.

The Board denied entitlement to compensable ratings for the veteran's service-connected left wrist injury and deformity of the left 5th finger with limitation of extension, finding that further development was needed due to the veteran's failure to report for a VA examination.

The Board found that the veteran's bilateral carpal tunnel syndrome was not incurred during his military service and denied the claim.

The Board denied the veteran's claim for an effective date earlier than September 3, 1996 for the grant of special monthly compensation based on housebound status. The decision stated that there was no prior claim and that the veteran did not meet the criteria for benefits at the 'housebound' rate under 38 U.S.C.A. 1114(s).

The veteran's claims for service connection for astigmatism, high cholesterol, and a left hand disability (carpal tunnel syndrome) are denied. The heart disability with hypertension is not related to active military service.

The Board has denied the veteran's claims for service connection for a broken left foot, fracture of left wrist, and bilateral knee disability due to lack of evidence of current disabilities.