Other conditions decisions — 2002

The veteran's appeal has been dismissed due to his death.

The Board has denied an increased rating for the veteran's crush injury to the left anterior thigh, finding that the disability does not meet criteria for a higher evaluation.

The appellant meets the income criteria for improved death pension benefits effective from February 1, 2000.

The veteran's claim of service connection for nicotine dependence due to tobacco use is denied as it is precluded by the provisions of 38 U.S.C.A. § 1103, which prohibits the payment of benefits for a disability on the basis that it resulted from disease or injury attributable to the use of tobacco products during active service.

The Board has determined that the veteran's cause of death, generalized carcinomatosis due to small cell carcinoma of the lung, was caused by exposure to Agent Orange during his service in Vietnam. As a result, the claim for service connection for the cause of the veteran's death is granted.

The Board denied the veteran's claim to reopen his service connection for esophageal cancer, finding that new and material evidence had not been submitted.

The Board found that the veteran's genitourinary disability, including prostatitis and a urinary tract infection, was not incurred in or aggravated by service, including exposure to ionizing radiation.

The Board finds that the veteran's current right leg/knee disability is not due to an in-service injury and thus, service connection for residuals of a right leg injury is denied.

The Board denied the appellant's application to reopen his previously denied claim for nonservice-connected disability pension benefits, finding that no new and material evidence had been submitted.

The Board has determined that the veteran's service-connected prostatitis warrants a 10 percent disability rating, as it does not meet the criteria for a higher evaluation due to recurrent infections requiring antibiotic treatment and intermittent intensive management.

The Board has remanded the case for further development and consideration of the veteran's claims, including a VA examination to assess his left hand disability.

The Board denied the claim for service connection for the cause of the veteran's death, concluding that there was no evidence to support a presumption of exposure to Agent Orange or any other herbicide agent. The Board also found insufficient evidence linking AML to service connection.

The Board has determined that the veteran's peripheral vascular disease was first manifested during service and is related to his military service, granting service connection for this condition.

The Board has determined that the veteran's chronic prostatitis and benign prostatic hypertrophy were incurred during active service.

The VA denied the veteran's claim for a compensable evaluation for periodontal bone loss, finding that his condition did not meet the criteria for a compensable rating based on the evidence of record.

The Board denied the veteran's widow's claim for DIC benefits because there was no evidence linking his death to service, and he did not have a service-connected disability at the time of his death.

The veteran's application for a power cover for his pick-up truck bed was denied as it does not qualify as adaptive equipment and is not medically necessary to assist him in operating his vehicle.

The Board granted a rating of 40 percent for shell fragment wound of the right thigh and buttock, effective from June 3, 1996.

The Board granted service connection for postoperative residuals of retinal detachment of the eyes due to rhegmatogenous retinal disease on the statutory presumption that this condition was aggravated during active service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a stomach disorder, which was previously denied in June 1994.