Other conditions decisions — 2001

The Board granted service connection for treatment purposes for dental trauma to the top front teeth (excluding tooth number 9) but denied service connection for a tear duct infection of the right eye.

The Board found that the veteran did not timely appeal the denial of non-service-connected pension, and thus denied the appeal.

The Board has reopened the previously denied claim of service connection for carcinoma of the right antrum with loss of right maxilla, as secondary to the service-connected right ear disabilities. The veteran's cancer is found to be related to his service-connected right ear disabilities.

The Board has granted a 60 percent evaluation for the veteran's service-connected residuals of an internal anal sphincterotomy, effective from the date of the decision.

The Board has denied the veteran's claims of entitlement to service connection for testicular carcinoma with right orchiectomy and bilateral defective hearing, as well as his claim for a higher initial rating for PTSD. The issues involving tinnitus were not addressed due to it being previously denied by the RO.

The Board denied the appellant's claim for service connection for the cause of the veteran's death and eligibility for Chapter 35 benefits based on a grant of service connection for the cause of the death. The cause of death was metastatic colon cancer, which is not presumed to be related to herbicide exposure in Vietnam or any other service-connected condition.

The veteran seeks an earlier effective date for the grant of service connection for post-traumatic-stress-disorder (PTSD). The Board denied this request, finding that the proper effective date is November 26, 1993.

The Board has vacated its September 24, 1997 decision on its own motion due to a motion for revision of the decision based on clear and unmistakable error. As there is no final decision for the Board to review on the basis of CUE, the motion is dismissed without prejudice.

The Board found that the veteran's reported symptoms of headaches, fatigue, joint pain, and vision disturbances have been attributed by medical evidence to a known clinical diagnosis of CNS vasculitis with a left occipital infarct and complications. The Board concluded that service connection for these conditions was not warranted as they were not incurred in or aggravated during active service.

The Board has reopened the veteran's claim of entitlement to service connection for residuals of a back injury due to new and material evidence submitted by the veteran. The Board now proceeds to consider whether this condition is related to his in-service back injury.

The Board denied the veteran's claims for increased ratings and service connection, finding that his dental injury did not meet criteria for a compensable rating. The claim for secondary service connection was also denied as not well-grounded.

The Board found no basis for service connection, as the veteran's missing teeth were not due to a combat wound or other in-service trauma and did not meet the criteria for treatment purposes.

The Board denied the veteran's claim for service connection for heart and lung disorders due to tobacco use, finding that such claims are barred by law as they were received after June 9, 1998. The Board also noted that there was no evidence linking the disabilities to service on any basis other than tobacco use.

The Board has granted a 40 percent rating for post gastrectomy syndrome, finding that the veteran's symptoms of dizziness, vomiting, and diarrhea on almost daily basis meet the criteria for this disability.

The Board denied the veteran's claims for service connection for bilateral defective vision and special monthly pension based on need for aid and attendance or housebound status. The evidence submitted did not meet the criteria to reopen the previously denied claim for service connection, nor did it demonstrate a need for regular aid and attendance or housebound status.

The Board has denied the veteran's claim for service connection for dental injury for Class II(a) treatment purposes, finding that his dental disability of teeth #7-9 resulted from a nasomaxillary cyst with chronic inflammation and foreign body reaction, unrelated to his in-service facial trauma.

The Board has granted service connection for the cause of death under the provisions of 38 C.F.R. § 3.312, resolving all issues related to compensation for cause of death.

The veteran's exposure to Agent Orange in the Republic of Vietnam is not presumed, and his claim for service connection for residuals of Agent Orange exposure is denied.

The Board has determined that the veteran's status post cerebrovascular accident with minimal right-sided hemiparesis warrants a 10 percent disability rating, but not higher. The evidence does not support a higher evaluation.

The Board has granted a 10% evaluation for the veteran's service-connected chronic fungal infection of the right hand and feet, effective from the date of the July 1992 VA rating decision.