Other conditions decisions — 2001

The veteran's right ankle and foot injuries, including a pressure sore from a cast, did not result in additional disability due to VA carelessness or negligence.

The Board has determined that the veteran's claims for increased ratings for residuals of a fractured nose and herniated nucleus pulposus at L4-L5 and L5-S1 levels are denied as there is no evidence to support an increase in disability rating beyond what is currently assigned.

The veteran is seeking an earlier effective date for the grant of service connection for bilateral heel disability, which was previously denied in 1976. The Board found that the claim was not timely appealed and thus the original decision remains final.

The veteran died due to a nonservice-connected disability and the death benefit under Chapter 30, Title 38 United States Code is denied.

The Board's June 1986 decision denying service connection for defective hearing is granted due to clear and unmistakable error. The August 1968 decision denying service connection remains unchanged.

The appellant's claim for DIC benefits under the provisions of 38 U.S.C.A. § 1318 as a surviving spouse was denied because she was not recognized as the surviving spouse of the veteran due to her divorce from him in 1994.

The Board of Veterans' Appeals has determined that the veteran does not have a current lung disorder, including emphysema, and finds no evidence linking any such condition to his active service. Therefore, the claim for service connection is denied.

The Board has reopened the claim of service connection for residuals of a left forearm fracture due to new and material evidence submitted since the June 1985 denial. However, the claim is denied as the appellant's preexisting condition did not undergo a chronic or permanent worsening during his period of active duty for training.

The veteran's claim for an increased evaluation for his service-connected residuals of a gunshot wound to the left middle toe with arthritis of the toes was denied by the Board. The evidence showed that the disability is currently manifested by stiffness and pain, but no functional limitations on standing or walking.

The veteran's appeal was denied for increased ratings and SMC, as well as TDIU due to his service-connected left elbow disability. The RO assigned a 40 percent evaluation effective February 6, 1996.

The Board has determined that the veteran's right foot disability is not related to service or any incident therein, and therefore denied his claim for service connection.

The Board denied the appellant's claims for service connection for residuals of exposure to ionizing radiation other than skin cancer, an evaluation in excess of 70 percent for PTSD, and a total disability rating based upon individual unemployability.

The Board has reopened the claim of continued recognition as the veteran's surviving spouse for VA death benefits and granted it. The overpayment of DIC benefits was also determined to be proper.

The Board found that the veteran's actinic keratosis and basal cell epithelioma were not incurred in or aggravated by service, nor are they proximately due to his service-connected melanoma.

The Board has granted the veteran's claim for service connection for post traumatic stress disorder.

The Board has dismissed the matter as it does not have original jurisdiction to decide eligibility for attorney fees under direct payment contingency-fee agreements.

The veteran's cause of death was not caused by a service-connected disability, and the appellant is not eligible for accrued benefits or death pension.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking a psychiatric disability to his military service or contributing to his death.

The Board has determined that the veteran's claimed TMJ syndrome and jaw disorder are not related to his military service, and thus denied his claim for service connection.

The Board denied the appellant's claims for service connection for conjunctivitis and pharyngitis, finding no current diagnosis of these conditions. The claim for a bilateral knee and lower leg disorder was also denied as not well-grounded.