Other conditions decisions — 2002

The veteran's claim for a compensable rating for his service-connected crush injury to the left hand with laceration of the middle finger was denied by the Board.

The Board denied a higher initial evaluation for service-connected left temporal nerve damage, finding that the current noncompensable rating adequately reflects the veteran's symptoms.

The veteran's claim for an increased evaluation of his service-connected shell fragment wound to the right leg was denied. The issue regarding CUE in a June 21, 1971 rating action was also denied.

The veteran's service-connected post traumatic stress disorder qualifies him for an extension of his period of eligibility for vocational rehabilitation under Chapter 31, as he now has a 'serious employment handicap' due to the presence of multiple service-connected disabilities.

The Board denied the appellant's request for an earlier effective date of November 1, 1999, for the grant of an apportionment to her as the veteran's estranged spouse. The decision stated that the effective date was fixed in accordance with the facts found and consistent with the regulation governing the effective date of an apportionment award.

The Board found that the appellant did not have a record of military service and thus was not considered a veteran for VA benefits.

The Board denied the claim for service connection for cause of death, finding that the veteran's death was due to pulmonary embolism as a result of iliofemoral thrombophlebitis, not his service-connected pes planus or left inguinal hernia repair residuals.

The Board denied an increased rating for the veteran's service-connected postoperative residuals of bilateral temporomandibular malocclusion or derangement, finding that his inter-incisal range of motion has always exceeded 20 millimeters and is not less than 11 millimeters.

The veteran's claim for service connection for residuals of a shell fragment wound to the groin is denied as there is no credible evidence that he sustained such an injury during service or has any current residuals.

The Board denied the appellant's claim of entitlement to VA pension for accrued benefit purposes due to lack of legal basis and failure to meet eligibility criteria.

The Board has determined that the veteran's service-connected status post cyst removal, left temporal area with nerve damage causing pain and numbness does not meet the criteria for a compensable rating under the applicable diagnostic codes.

The veteran's service-connected disabilities are not of such nature and severity as to prevent him from maintaining any substantially gainful employment consistent with his education/training and experience.

The Board denied increased evaluations for service-connected chondromalacia patella of the right and left knees, finding that the evidence did not meet criteria for an evaluation in excess of 10 percent.

The Board has reopened the veteran's claim for service connection for PTSD and determined that new evidence supports this claim. The veteran was awarded PTSD secondary to combat exposure during his period of service in Korea, but the RO found no valid stressors related to Vietnam service. Service connection is granted.

The veteran's two minor children are entitled to equal shares of two years' worth of due and unpaid periodic monetary benefits representing the difference between an 80 percent combined disability rating and individual unemployability benefits.

The Board has determined that the veteran's service-connected residuals of frozen feet did not cause or contribute to his death due to cardiorespiratory failure, coronary artery disease, and multiple organ system failure.

The Board denied the appellant's claim for monetary benefits for a child suffering from spina bifida, finding that the veteran was not a 'Vietnam veteran' within the meaning of applicable law and regulations.

The Board has determined that the cause of death (brainstem infarction due to massive cerebral edema) is not service-connected, and no other conditions are found to be service-connected.

The Board denied service connection for residuals of injuries to the liver and spleen, finding no current evidence of such conditions.

The Board denied the veteran's claims for ratings in excess of 30 percent and 20 percent for his service-connected left claw foot with symptoms of tarsal tunnel syndrome and right claw foot, respectively.