Other conditions decisions — 2002

The Board has granted an initial evaluation of 30 percent for the veteran's service-connected residuals of laceration injury of the little toe of the left foot, which is more severe than the current 20 percent rating.

The Board found that new and material evidence had not been received to reopen the claim of entitlement to service connection for left ear disability, as the veteran's pre-existing condition was already considered in the October 1970 rating decision.

The Board denied service connection for aggravation of residuals of a comminuted fracture of the right patella, finding no evidence of current disability and noting that the injury pre-existed service.

The veteran's claim for an increased rating for residuals of a right inguinal hernia repair is denied as there is no evidence of recurrence or current symptoms.

The Board found that the veteran's nasopharyngeal carcinoma was not service-connected due to lack of evidence linking it to his active duty, specifically Agent Orange exposure. The claim for eligibility for dependent's educational assistance under Chapter 35 was also denied.

The veteran's claim for payment of the cost of unauthorized medical services is being remanded due to his request for a hearing before a traveling member of the Board of Veterans' Appeals.

The veteran withdrew his appeal regarding the timeliness of filing a VA Form 9, effectively dismissing the case.

The veteran's appeal for an increased evaluation for his service-connected gunshot wound of the left middle finger with fracture and weak grip was dismissed due to his death.

The Board found that the veteran was at fault in creating the loan guaranty indebtedness and repayment would not result in financial hardship. The case is now ready for appellate review.

The Board found that the veteran's head injury resulted from his willful misconduct and abuse of alcohol, thus denying service connection for a head injury with residual headaches.

The veteran's death was not caused by any service-connected condition, and he did not qualify for accrued benefits or nonservice-connected death pension.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for loss of use of the right hand, claimed as secondary to service-connected right wrist and right shoulder disabilities. The claim is granted.

The Board denied service connection for the cause of the veteran's death, finding that his conditions did not stem from military service and were unrelated to any incident during his time as a prisoner of war.

The Board determined that the initial grant of service connection for polymyositis was clearly and unmistakably erroneous, leading to its decision to deny restoration of service connection.

The Board has determined that the veteran's postoperative pterygium does not warrant an increased evaluation as there is no evidence of visual loss attributable to his service-connected condition.

The Board denied service connection for diverticulosis of the colon, finding no evidence linking it to service.

The veteran's claim for a specific evaluation of his intervertebral disc syndrome with degenerative changes at T11-T12 is being remanded due to missing records and the need for further examination. The case also requires issuance of a statement of the case regarding the cervical disorder claim.

The Board has determined that the veteran's left femur disability was manifested by no signs of decreased strength, slight decreased range of motion of the left hip, subjective complaints of pain of the left hip, status post displaced fracture of the left femoral neck requiring open reduction internal fixation, and status post removal of screws from the left femoral neck, with good post-operative results. From July 12, 2002, the veteran's disability was manifested by subjective complaints of pain and weakness, with objective verification of the same, left leg shortening by 2 centimeters, altered gait, and functional impairment and deficit secondary to pain, with decreased range of motion of the left hip and left knee; productive of moderate impairment. The Board has granted a 20 percent evaluation for residuals of a left femur fracture with traumatic arthritis from July 12, 2002.

The Board has determined that the veteran's current left index finger disability resulted from a severe injury he sustained during a period of inactive duty training, and thus service connection for residuals of an injury to the left index finger is granted.

The veteran's appeal for a total disability rating based on individual unemployability due to service-connected disability was withdrawn by the veteran, resulting in the dismissal of his appeal.