Other conditions decisions — 2002

The veteran's claim for an earlier effective date for additional compensation benefits for dependents is denied as the law did not require retroactive payment.

The Board has denied the veteran's claim for service connection for a skin disability due to Agent Orange exposure as there is no evidence of such condition during or after service, and it was not caused by any incident of service.

The Board has determined that the veteran's scoliosis was aggravated by her active military service, and thus grants service connection for this condition.

The Board denied the veteran's claim for service connection for residuals of a right ear tympanic membrane perforation, finding no current evidence of such condition and noting that the preponderance of the evidence was against the claim.

The Board found that the veteran does not have current residuals of malaria and clearly did not incur a shell fragment wound to the left side of his head during service. The claims were denied.

The Board denied an extraschedular rating for the veteran's service-connected left leg disorder, finding that such consideration was not warranted due to lack of marked interference with employment or frequent hospitalizations.

The veteran's cancer of the colon is presumed to have been incurred in service due to exposure to ionizing radiation during his active duty.

The veteran's death was due to cardio-pulmonary arrest and myocardial infarction. The Board denied service connection for the cause of death as not well grounded, and also denied eligibility for Dependents' Educational Assistance (DEA).

The Board found no evidence of corneal erosion in service and post-service medical records do not show a current disability. Therefore, the claim for service connection for corneal erosions is denied.

The VA denied an initial rating in excess of 30 percent for the veteran's residuals of a fracture of the right clavicle, and left the issue of a separate compensable rating for a status post surgery scar unresolved.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for an eye disorder, which is currently diagnosed as caused by an infectious organism. The Board will now proceed to consider the merits of the underlying claim.

The VA denied an increased evaluation for the veteran's right great toe disability, finding that it did not meet the criteria for a rating in excess of 10 percent.

The veteran is granted increased ratings for his service-connected patellofemoral syndrome of the left knee, effective January 14, 1997. The right knee rating remains unchanged.

The veteran's claims for service connection for joint and muscle pain due to an undiagnosed illness, and premature birth due to an undiagnosed illness were denied as there is no competent medical evidence linking these conditions to her active duty service.

The veteran's claim for retroactive educational benefits under Chapter 30, Title 38, United States Code was denied because the enrollment periods were not subject to retroactive payment of benefits.

The VA determined that the veteran's service-connected disabilities did not cause or contribute to his death, and concluded that his cardiovascular disease was more likely due to his smoking history and family history.

The Board has determined that the veteran's service-connected right and left foot disabilities do not warrant an increased rating as they are currently evaluated.

The Board has granted a 60 percent rating for the veteran's spondylolisthesis, L-5, with intermittent bilateral lower extremity weakness, tingling, and numbness, effective from February 1997.

The Board found that the veteran's current gum and mouth disorder, diagnosed as severe periodontal disease, is not subject to service connection for VA compensation benefits due to a lack of evidence linking it to his military service.

The Board denied the veteran's claim for an increased rating for postoperative residuals of a left hip replacement, finding that no more than a 90 percent rating is warranted under Diagnostic Code 5054.