Other conditions decisions — 2000

The Board found that the veteran's injuries were not incurred in line of duty due to his own willful misconduct, specifically driving a motorcycle under the influence of alcohol.

The Board has remanded the case due to incomplete development of the medical records and need for further examination.

The Board has granted the veteran's claim for service connection for TMJ syndrome as secondary to his service-connected mandible fracture residuals. The case is remanded for further evaluation of the veteran's residuals of a mandible fracture, including consideration of TMJ syndrome.

The Board has granted service connection for recurrent bowel obstruction, right hemicolectomy with short-gut syndrome as secondary to the veteran's service-connected subtotal gastrectomy, bilateral vagotomy for duodenal ulcer disease and pancreatitis. The case is now remanded for further evaluation of the increased rating claim and total disability rating based on individual unemployability.

The Board has determined that the veteran's death was caused by his acute lymphocytic leukemia, which is presumed to be related to exposure to herbicide agents used in Vietnam. The claim for service connection is granted.

The veteran's service-connected left thigh gunshot wound residuals are currently rated at 20 percent, but the Board has determined that a higher rating of 30 percent is warranted based on moderately severe impairment.

The veteran's claim for service connection for skin rash, including penile lesions and pemphigus vulgaris as a residual to exposure to Agent Orange is denied because the condition is not among those potentially related to exposure to Agent Orange.

The veteran's claim for a higher rating for his left C5-C6 nerve root impairment is being remanded due to the need for additional medical examination and consideration of recent treatment records.

The Board has determined that the evidence submitted since the March 1993 rating decision is not new and material, thus denying the veteran's attempt to reopen his claim for service connection for deviated nasal septum.

The Board has determined that the veteran's scar of the jaw, which is a residual from an injury sustained during service, meets the criteria for service connection.

The veteran's claim for service connection for residuals of a broken nose was denied as there is no evidence linking the current nasal deformity to his time in service.

The veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code is denied due to a break in his military service of over one year.

The veteran's claim for special monthly compensation for loss of use of a creative organ from January 1997 to January 1998 is denied because he did not suffer the condition during that period and his prior award was for erectile dysfunction, which the RO deemed effectively a loss of use of a creative organ.

The Board has determined that the veteran's claims for service connection for shell fragment wounds of the lower back and gastrointestinal disability are not well grounded. The evidence does not support these claims.

The Board found that the veteran's service-connected conditions did not cause his death, and denied both claims for service connection.

The Board denied the veteran's claims of service connection for various conditions, including amputation of the left thumb at the distal phalanx, residuals of a contusion and abrasion of the left thigh, skin cancer due to asbestos exposure, and pulmonary disease due to asbestos exposure. The reasons given were that there was no competent medical evidence linking these conditions to his service.

The Board has determined that the claim for service connection for the cause of the veteran's death is not well grounded due to a lack of competent medical evidence linking the veteran's inservice tobacco use to his emphysema and subsequent death.

The veteran's service-connected right great toe bunionectomy residuals due to hallux valgus are rated at 10 percent, and the Board has determined that a higher 20 percent rating is warranted based on moderate foot disability.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for periods of enrollment from August 25, 1996 to December 14, 1996, and from January 19, 1997 to May 17, 1997. The decision is based on the regulatory criteria and legal precedent governing eligibility for Chapter 35 educational benefits.

The Board has determined that the veteran's claim for an increased evaluation of his service-connected macular degeneration of the left eye is granted. However, the claim for service connection of a right eye disorder remains denied.