Other conditions decisions — 2006

The VA denied an initial rating in excess of 10 percent for the appellant's right hip disability prior to July 24, 2006.,The VA also denied a rating in excess of 20 percent for the same condition from July 24, 2006.

The veteran's chronic post-operative head injury residuals including organic brain syndrome are presumed to have been initially manifested during active duty. However, the veteran's chronic dental trauma residuals were not objectively manifest during service and are not considered to have originated in service.

The veteran died from a non-service-connected cause and was not receiving VA benefits at the time of his death. Therefore, he is not eligible for burial benefits.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for narcolepsy, which was previously denied in February 1985. The case is remanded for further development.

The Board has determined that the veteran's service-connected peptic ulcer disease does not meet the criteria for a rating in excess of 10 percent, and therefore denied his claim.

The VA determined that the veteran's avascular necrosis of the right thumb does not warrant a rating higher than 20 percent, as it only manifests pain and limitation of motion.

The Board denied the veteran's claims for an increased evaluation of his service-connected gunshot wound to the right upper arm and denied his claim for service connection for a right scapula injury (claimed as a right shoulder blade injury).

The veteran's claim for educational assistance beyond the delimiting date of May 1, 2003 was denied as he did not have an additional period of active duty and his eligibility ended on that date. The Board found no legal merit to extend his eligibility.

The VA denied an initial compensable evaluation for reactive arthritis/Reiter's syndrome, finding that the veteran's condition did not meet criteria for a higher rating due to insufficient evidence of active disease.

The Board has determined that the veteran's arthritis of his hands does not warrant a rating in excess of 10 percent, as there is no evidence of limitation of motion or occasional incapacitating exacerbations.

The Board found that the veteran's left knee disability does not meet or approximate the criteria for a higher rating, and thus denied his claim for an increased rating.

The Board found no evidence to support the appellant's claim for service connection for the cause of her husband's death, as there was no established service-connected disability and no evidence linking his death to military service or a pre-existing condition. The claims for non-service-connected Department of Veterans Affairs (VA) death pension benefits and accrued benefits were also denied due to lack of supporting medical records.

The veteran's claim for special monthly pension based on being housebound is remanded due to the need for further examination and clarification of his disability status.

The veteran's service-connected disabilities, including his low back disability and loss of use of lower extremities, would have met the statutory duration requirements for a total disability rating at the time of his death but for clear and unmistakable error in the December 1996 RO rating decision. The effective date should be August 30, 1990.

The Board finds that the veteran does not have a current pulmonary disability that is etiologically related to in-service exposure, and thus service connection for a pulmonary disorder cannot be granted.