Other conditions decisions — 2003

The Board has reopened the appellant's claim for recognition as the veteran's surviving spouse, finding that new and material evidence has been submitted. The Board also recognized her as the surviving spouse of the veteran for purposes of VA benefits.

The Board dismissed the veteran's appeal due to his failure to file a timely substantive appeal regarding the issue of service connection for residuals of parasitic infections of digestive tract and diarrhea.

The Board has determined that the veteran's service connection claim for residuals of a head injury should be granted, as it is found to be directly related to his in-service head trauma.

The Board is remanding the case due to changes in the law and the need for additional notification and development action.

The Board granted a 30 percent disability rating for the residuals of cold injury to the right foot and left foot, effective from January 12, 1998. The veteran's service connection claim for osteoporosis as secondary to cold injuries was not addressed in this decision.

The Board found that the veteran's bilateral foot disorder was a congenital condition that existed prior to service and thus rebutted the presumption of soundness at entry. The Board concluded that the disability did not pre-exist service or become worse during service, leading to denial of service connection.

The Board has granted increased ratings of 40 percent for the veteran's residuals of stroke, incomplete paralysis of the right upper extremity and right lower extremity. The rating for the right side of the face remains at 10 percent.

The Board has found new and material evidence to reopen the claim for service connection for a nervous condition, which was previously denied in August 1991. The new evidence includes testimony from the veteran at an RO hearing and reports of VA treatment dated from 1996.

The Board found that the veteran's right pubic ramus stress fracture does not warrant a compensable rating under VA's rating criteria, and thus denied her claim for an increased disability rating.

The RO terminated the veteran's additional disability compensation benefits for his spouse, K. L., effective December 1, 1987, due to her divorce from him.,The RO granted retroactive additional disability compensation benefits for his new wife, K. A., effective August 1, 1991.

The Board has remanded the case for additional development due to a legal issue, and the veteran's claim of service connection for squamous cell carcinoma of the right tonsil is being reconsidered.

The Board denied an initial disability rating greater than 10 percent for arthritis of the bilateral talonavicular, calo-cuboid, and subtalar joints as there was no evidence of limitation of motion or incapacitating exacerbations.

The Board has determined that the full amount of a $70,000 FTCA settlement should be offset against the veteran's compensation benefits and that an overpayment in the amount of $1,346 was not properly created. The appeal is granted for both issues.

The Board has reopened the veteran's claim for service connection for corns and calluses of the feet due to new evidence showing current disability. The Board then found that there was a link between the veteran's current condition and his military service, granting service connection.

The Board has determined that additional development is needed in the appellant's case, including obtaining medical records and scheduling VA examinations to evaluate his service-connected post-operative residuals of a herniated disc at L4-5. The RO will then re-evaluate his claim under both the old and new rating criteria for intervertebral disc syndrome.

The Board has vacated and remanded the case due to insufficient evidentiary development. The RO must review all evidence, including a letter from the Army Discharge Review Board (ADRB), and readjudicate the appellant's claim that his OTH discharge is not a bar to VA benefits, other than health care under Chapter 17, Title U.S.C.

The Board has determined that the veteran's status post herniated disc, L4-5, L5-S1 meets the criteria for a 40 percent rating, which is higher than the current 10 percent rating. The veteran will receive this increased rating effective from May 2001.

The Board has granted service connection for ptosis of the left eye, finding that it is proximately due to or the result of a service-connected left eyelid scar. The issue of a higher rating for the left eyelid scar remains pending.

The veteran, who served during World War II and was honorably discharged, is eligible for VA burial benefits due to his wartime service.

The Board found that the appellant's forfeiture of benefits was not reopened due to lack of new and material evidence, thus denying his request.