Other conditions decisions — 2003

The Board has ordered further development in your case, including the submission of additional evidence. The appeal is about whether new and material evidence has been submitted to reopen a claim for service connection for a nervous condition.

The veteran's claims for increased ratings for cold injury residuals of each foot and TDIU benefits were denied by the Board. The case is being remanded to obtain additional evidence and address due process concerns.

The Board denied the veteran's claims for service connection for the cause of his death and for Dependency and Indemnity Compensation under the provisions of 38 U.S.C.A. § 1318 due to lack of evidence showing a causal link between any disability and service, including exposure to Agent Orange.

The Board has determined that new and material evidence has been submitted sufficient to reopen the veteran's claim of service connection for residuals of a neck injury. The evidence suggests that his current neck disability is related to his active military service.

The Board has granted service connection for the post-operative residuals of right gynecomastia and the residuals of fractures of the right fourth and fifth metatarsals, both rated at 10 percent. The appellant's right first toe arthritis is not related to his period of active service or to already service-connected disability.

The veteran's service-connected degenerative joint disease of the low back is granted an increased rating to 10 percent.

The veteran's eyes were injured during service, but the current condition does not meet the criteria for a higher rating.,There is no evidence of residuals from a right leg hamstring injury that would warrant service connection.

The veteran's small airways disease was rated at 30 percent prior to April 5, 2001 and increased to 60 percent effective from that date. The current rating of 60 percent is maintained.

The Board has ordered a remand due to the need for additional examination and development of evidence related to service connection for a skin rash.

The Board denied an increased rating for residuals of left mandible fracture and granted a noncompensable evaluation. The claim for a higher rating for seventh cranial nerve paralysis affecting the left side of the face was also denied.

The Board has granted the veteran's claim for an increased evaluation of his duodenal ulcer and has also granted a retroactive effective date of January 13, 1998 for service connection of PTSD.

The veteran's prostate disability is denied as the weight of evidence does not support a causal connection to VA treatment. The issue of reopening his claim for service connection for residuals of a left tibia fracture is remanded.

The Board found that the veteran's right radial nerve injury did not meet or approximate criteria for a higher evaluation, and thus denied his claim for an increased rating.

The Board denied compensation benefits for right eye blindness due to VA medical treatment in May 1994, but granted compensation benefits for residuals of a right thalamic lacunar infarct. The decision is based on the fact that the stroke was not caused by or coincidental with the treatment.

The veteran's waiver request for the overpayment of Department of Veterans Affairs non-service-connected pension benefits was granted. The issue of whether new and material evidence has been submitted to reopen a claim for service connection for cardiovascular disease, to include hypertension, is the subject of a separate appellate decision.

The veteran withdrew his appeal for service connection for reduced visual acuity before the Board could make a decision.

The veteran's appeal for an increased evaluation for postvoiding leakage of urine secondary to penile anesthesia was dismissed due to his request for withdrawal.

The Board denied the appellant's claims for service connection for colitis as secondary to PTSD and for restoration of a 50 percent rating for PTSD, finding that there was no direct relationship between his PTSD and colitis. The reduction in rating from 50% to 30% for PTSD was found to be proper.

The Board has denied the veteran's claim for service connection for a skin disorder, to include as a result of exposure to Agent Orange. The appeal is based on presumptive service connection under 38 U.S.C.A. § 1116 and 38 C.F.R. § 3.307.

The Board has determined that the veteran's left foot injury and neck injury are related to his active service, granting service connection for both conditions.