Other conditions decisions — 2003

The Board found that the veteran's lung disorder was not caused by VA hospitalization and denied his claim for compensation under 38 C.F.R. § 1151.

The veteran's claim for a higher rating for his service-connected basal cell carcinoma right mandible area and other skin-related disorders of the face, hands, and forearms was granted. The RO combined these disabilities with the already service-connected condition and assigned a 30 percent rating effective November 25, 1996.

The Board has requested additional development and is now considering the case. The veteran seeks service connection for peptic ulcer disease and hiatal hernia as secondary to his service-connected post-traumatic stress disorder.

The Board denied service connection for pulmonary fibrosis, finding that the condition was not incurred in or aggravated by service and there is no evidence of asbestos exposure.

The Board of Veterans' Appeals denied an increased evaluation for the veteran's service-connected left foot injury, currently rated at 30 percent.

The Board denied the veteran's claim for an effective date prior to March 26, 1993, for special monthly compensation (SMC) at the (r)(1) rate due to lack of evidence showing loss of use of his right foot and need for regular aid and attendance before that date.

The Board has granted service connection for residuals of septoplasty and sinus disorder, finding that these conditions are related to injuries sustained in service.

The Board denied an evaluation in excess of 20 percent for the service-connected amputation of the right middle finger and a non-compensable evaluation for the service-connected scarring on the right index finger. The veteran's conditions are rated as they appear to be due to his military service.

The Board denied the appellant's request to reopen his claim for disability compensation benefits, finding that no new and material evidence had been submitted since the October 1976 forfeiture decision.

The Board has decided to remand the case back to the RO for further development and consideration of the appellant's claim of service connection for the cause of her husband's death. The RO will then provide a Supplemental Statement of the Case if necessary, and the case will be returned to the Board for appellate disposition.

The Board has granted a 30 percent disability rating for the veteran's residuals of compression fracture of L1 and spondylolisthesis effective February 16, 1989. The case is remanded to determine if an earlier effective date is warranted.

The Board denied the motion for an earlier effective date for DIC benefits, stating that the correct facts were before them and they applied the then-applicable law correctly.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the veteran does not have a current disability of loss of use of both lower extremities, and thus cannot establish service connection for this condition. The Board finds that there is no competent medical evidence to support the claim.

The veteran's VA pension benefits were terminated due to his incarceration for a felony conviction, effective January 10, 2002.

The Board has determined that the veteran's preservice gunshot wound of the left inguinal, hip, and leg region underwent an increase in severity during service, resulting in residuals including vascular venous interruption with stasis dermatitis of the left leg, anterior compartment syndrome of the left calf, and deep peroneal mononeuropathy. The Board has also determined that the veteran's preservice gunshot wound of the abdomen (presumably GORD) underwent an increase in severity during service. Service connection is granted for these conditions.

The veteran has withdrawn his appeal regarding the initial rating for service-connected residuals of a right thumb injury.

The veteran's appeal is denied as she does not meet the basic eligibility requirements for educational assistance benefits under Chapter 30, Title 38, United States Code.

The veteran suffered dental trauma, specifically the removal of his left central and adjacent incisor during a VA thyroid surgery in March 1961. The Board found that this loss was not due to negligence but rather as an unforeseeable result of attempts at intubation prior to the surgery.

The Board denied an increased rating for residuals of a fracture of the right fifth metatarsal, finding that the veteran failed to report for a necessary VA examination without good cause.