Other conditions decisions — 2003

The Board denied the veteran's request to reopen his claim for service connection for colon cancer, which he claimed was due to asbestos exposure. The RO had previously denied this claim in February 1998 and did not receive new and material evidence that would support reopening it.

The Board has granted service connection for patellofemoral pain syndrome of the left knee. The veteran's appeal regarding her right knee is being remanded due to incomplete development and potential withdrawal of her claim.

The veteran's claim for an increased evaluation for malaria remains unresolved and the RO is directed to obtain all relevant treatment records, including those from his private physician Dr. Eggerson. The RO should also arrange for a VA examination of the veteran by an appropriate specialist in internal medicine to determine the current extent and degree of severity of service-connected malaria.

The veteran's claim for a compensable rating for his sebaceous cyst on the anterior right upper chest is being remanded due to the need for further examination and consideration of revised rating criteria.

The Board finds that the appellant is reasonably and fairly evaluated at 20 percent for chronic osteomyelitis, left wrist. The higher rating of 30 percent is not warranted because there was no evidence of involucrum or sequestrum in the X-ray report submitted in conjunction with the September 2002 medical examination. There are also no medical records indicating constitutional symptoms required for a 60 percent evaluation.

The Board denied the veteran's petition to reopen his claim for service connection for the residuals of a back injury, finding that no new and material evidence had been submitted since the February 1999 decision.

The Board has requested additional development for the veteran's service connection claim. The case is now being remanded to comply with the Federal Circuit decision in Disabled American Veterans v. Secretary of Veterans Affairs, which invalidated certain provisions related to VA procedures.

The Board denied the veteran's claims to reopen his service connection for residuals of intestinal surgery and burn of the left hand, finding that new and material evidence had not been submitted.

The Board denied the veteran's claim for service connection for gum disease and the loss of teeth numbers 17 to 20 and 29 to 32, finding that his dental issues were due to poor oral hygiene and tobacco use during service.

The Board has determined that the veteran's service-connected residuals of an injury to the right forearm with damage to Muscle Group VIII do not warrant a disability rating in excess of 30 percent, and his service-connected neuritis of the right median nerve does not warrant a disability rating in excess of 10 percent.

The Board denied the veteran's claim for service connection for alcohol abuse and polysubstance dependence, finding that his addiction was not innocently acquired and thus precluded from VA compensation.

The Board denied the claim for service connection for the cause of death due to a lack of evidence linking the veteran's acute myelogenous leukemia to his military service.

The VA has denied the veteran's claims for increased ratings for his right elbow and right clavicle disabilities, finding that they do not meet the criteria for higher evaluations under applicable diagnostic codes.

The Board found no evidence of a right eye injury in service and concluded that the veteran's current right eye disability is not related to his military service.

The Board has granted a 10 percent rating for the veteran's service-connected right elbow epicondylitis and gout, finding that his condition causes functional limitation due to pain. The decision is effective as of the date of the January 2003 VA examination.

The VA determined that the veteran's service-connected left shoulder disability, which is manifested by malunion of the clavicle with limitation of motion and weakness, does not warrant an evaluation in excess of 30 percent.

The VA denied a higher evaluation for the veteran's gunshot wound of the right great toe, currently rated at 10 percent.

The Board has determined that the veteran's bilateral optic atrophy is proximately due to or the result of a service-connected postoperative herniorrhaphy scar, and thus grants the claim for service connection.

The Board has determined that the veteran's vocal cord dysfunction was incurred during her period of active military service, and thus granted her claim for service connection.

The veteran's claim for service connection for bilateral lower extremity venous insufficiency, claimed as secondary to a cold injury sustained during his military service, was denied. The Board found that there is no evidence of a cold injury in service and the current condition is not related to any such injury.