Other conditions decisions — 2002

The Board has determined that the veteran's claims for service connection for residuals of a laceration of the head and right little finger were denied because no chronic disability attributable to these injuries was shown during or after service. The evidence received since the last final denial does not provide new and material evidence to reopen either claim.

The Board has determined that service connection for the cause of the veteran's death on a radiation basis is not warranted under the criteria in effect prior to March 26, 2002.,However, under the law in effect as of March 26, 2002, the requirements for presumptive service connection for the veteran's fatal lung cancer are met.

The Board denied the veteran's claim for service connection for inflammatory bowel disease, finding no evidence of a chronic disability related to his active duty service.

The Board has determined that the veteran's benign prostate hypertrophy, status post transurethral resection of the prostate was not incurred in or related to service and denied his claim for service connection.

The Board found that the veteran's additional left lower extremity disability was not caused by the improper fitting of a fiberglass cast in January 1994, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's right hip disability did not warrant a rating in excess of 10 percent, as her range of motion was limited but did not meet the criteria for higher ratings. The case is being remanded to address claims for service connection for low back and right ankle disorders.

The Board denied the veteran's claim for service connection for bilateral macular holes and cataracts, finding no evidence of their onset or causation in service.

The appellant's claim for an effective date earlier than May 1, 1990 for the payment of DIC benefits is denied. The Agent Orange Act of 1991 became effective on February 6, 1991 and granted service connection for non-Hodgkin's lymphoma associated with exposure to herbicide agents.

The Board finds that the veteran does not have a current service-connected dental disability for which he is entitled to VA compensation or outpatient treatment.

The Board found that the veteran does not have bilateral tarsal tunnel syndrome, and if he did, it was unrelated to his service-connected residuals of cold injuries of the feet with mild sensory loss.

The Board denied the veteran's claim for service connection for soft tissue sarcoma as a result of exposure to herbicides due to lack of competent medical evidence showing current disability.

The veteran's appeal is being remanded to the RO for a hearing before a Member of the Board at the first convenient opportunity. The case will be returned to the Board after the hearing.

The Board denied the veteran's claim for service connection for a chronic pulmonary disorder, finding that there was no evidence linking his current condition to his military service.

The Board found clear and unmistakable evidence that the veteran's urinary dysfunction existed prior to his military service, thus rebutting the presumption of soundness. The preexisting condition was not aggravated by service.

The veteran's appeal has been dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of this claim.

The veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim as he died during the pendency of the appeal.

The Board found that the veteran's disability most closely approximated a 60 percent rating for idiopathic cardiomyopathy, effective from January 12, 1998. The initial evaluation of 30 percent was granted prior to this date.

The Board found that the veteran's death was not caused by VA treatment and denied compensation under 38 U.S.C.A. § 1151 for his death.

The Board denied the veteran's claim for an increased rating for his varicose vein disability of the right leg, finding that it did not meet or more closely approximate the criteria for a higher evaluation under either the pre-amendment or amended VA regulations.

The Board found that the veteran's venous insufficiency of the legs was not incurred in or aggravated by active duty, nor is it proximately due to or the result of service-connected residuals of cold injuries of the lower extremities.