Other conditions decisions — 2000

The veteran's claim for reopening his duodenal ulcer service connection is being remanded due to the need to obtain recent treatment records from a VA medical facility.

The Board denied the veteran's claims for service connection for an enlarged heart and a higher rating for his service-connected restrictive lung disease, finding that there was no competent evidence of current diagnoses or a link between these conditions and his service.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death. The service-connected disability is considered to have hindered the veteran's ability to recuperate from postoperative esophageal cancer, contributing to his debilitated state prior to death.

The veteran developed squamous cell carcinoma as a result of full body exposure to mustard gas in service, and the Board granted service connection for this condition.

The veteran's claims for increased ratings were denied. The Board found that the predominant disability was due to hiatal hernia, warranting a 30% rating under Diagnostic Code 7346 prior to May 1995 and a 20% rating thereafter.

The Board has determined that the veteran's claims for service connection for lung disability and peripheral vascular disease due to tobacco use are not well-grounded, as there is no medical evidence showing a diagnosis of nicotine dependence in service or thereafter, nor linking either condition to his use of tobacco during service.

The Board has determined that the claim of entitlement to service connection for the cause of the veteran's death is well grounded. The appellant argues that the veteran's sinusitis caused or contributed substantially or materially to his death from lung cancer.

The Board found that the moving party had not submitted new and material evidence in support of his application to reopen, and thus denied the motion for CUE.

The Board has determined that a 20 percent rating is warranted for patellofemoral syndrome in the right knee, based on moderate subluxation and an increased Q angle.

The VA has granted a 30 percent evaluation for the veteran's residuals of shell fragment wounds to his right thigh, finding that these conditions meet criteria warranting such an increase in rating.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for the cause of the veteran's death. The case is being remanded for further development.

The Board denied service connection for a nervous stomach and alcohol abuse, as well as entitlement to non-service connected (NSC) pension benefits. The decision found that the appellant's alcohol dependence resulted from his own abuse of alcohol.

The Board found no competent medical evidence linking the veteran's service-connected disabilities to his death from a cerebrovascular accident, thus denying the claim for service connection for the cause of the veteran's death.

The RO has not reviewed additional VA treatment records related to the appellant's duodenal ulcer disease, which were received after his appeal was certified. The case is being remanded for further review and disposition of the issue on appeal with consideration of these new records.

The veteran's claim for an annual clothing allowance is denied because he does not have a service-connected orthopedic disability that requires him to wear or use a prosthetic or orthopedic appliance which tends to wear out his clothing.

The Board has determined that the veteran's duodenitis with esophagitis does not warrant an increased rating beyond the current 10 percent, as there is no evidence of recurrent incapacitating episodes or significant impairment.

The Board has granted a 20 percent disability rating for the veteran's service-connected chemical burn scars on the right side of his neck, effective from the date of this decision.

The Board denied a compensable evaluation for residuals of a fracture of the left distal fibula, finding that the disability did not meet the criteria for a 10% rating under Diagnostic Codes 5262 or 5271.

The Board of Veterans' Appeals has denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for bowel disorder and sexual dysfunction due to VA surgery in February 1995, finding that there is no competent medical evidence showing a nexus between these conditions and the surgery.

The Board denied the veteran's claims for service connection for neurological impairment of the upper and lower extremities secondary to ionizing radiation exposure, as well as his claim for pulmonary disease secondary to ionizing radiation exposure or asbestos exposure. The Board found that there was no evidence linking these conditions to service.