Other conditions decisions — 2003

The Board has determined that the evidence does not support an increased evaluation for either service-connected healed fracture of the right clavicle or compound comminuted fracture of the nasal bone.

The Board denied the appellant's claims for accrued benefits under 38 U.S.C.A. § 1151, finding that there was no legal merit to her claims regarding additional skin disability from VA medical treatment in 1989 and additional disability from a pedestrian/motor vehicle accident on August 23, 1990.

The Board has determined that VA has the authority to pay attorney fees resulting from February 1998 and July 1998 regional office decisions, even though all past-due benefits have been released to the veteran.

The Board found that the veteran's current right hip disorder is not related to treatment received at a VA facility in December 1981, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The case is being remanded due to new evidence received since the July 2000 supplemental statement of the case. The increased rating for intevertebral disc syndrome will be reconsidered.

The Board finds that the veteran's current chronic skin disorder was not present during his service and denied his claim for service connection.

The Board has granted service connection for the cause of the veteran's death due to exposure to Agent Orange, and has also granted Dependents' Educational Assistance pursuant to Title 38, United States Code, Chapter 35.

The Board has denied the veteran's claim for service connection for the cause of his death due to a brain tumor, finding no evidence of radiation exposure during service. The issue of dependency and indemnity compensation under 38 U.S.C.A. § 1318 is also denied.

The Board has found that new and material evidence has been submitted to reopen the claim of service connection for a psychiatric disorder, specifically emotional instability reaction. The veteran's initial claim was denied in October 1962 due to lack of evidence showing a disease or injury incurred during service.

The Board has determined that additional evidentiary development is needed before the case can be considered further. This includes obtaining VA and non-VA medical records, as well as any other relevant information from the appellant.

The veteran is seeking service connection for a brain tumor, either on its own or as secondary to his service-connected labyrinth disease. The case has been remanded due to procedural issues.

The Board found that the evidence did not support a rating in excess of 30 percent for the service-connected left shoulder disability, and denied both claims.

The Board granted service connection for residuals of shell fragment wounds to the right hand, but denied service connection for a shell fragment wound to the right cheek. The veteran was assigned a 10% evaluation for his right hand condition.

The Board has determined that the veteran's nerve damage to his hands, arms, and neck is not related to his service-connected fracture of the left clavicle. The claims for service connection are denied.

The Board has determined that the veteran had asbestos exposure during service and currently suffers from a lung disorder, which is consistent with asbestosis. The Board grants service connection for an asbestos-related lung disability.

The Board denied the veteran's claim for an increased rating for his post-operative left sinus condition, finding that the evidence did not warrant a higher rating and that he was already compensated for his headaches under a separate diagnostic code.

The Board denied the appellant's claim for benefits based on her son's permanent incapacity for self-support prior to reaching age 18, citing evidence that he was not permanently incapable of self-support at the time of his 18th birthday.

The Board found that the veteran's lymphocytic leukemia was not incurred or aggravated by service, and denied his claim.

The Board has determined that the cause of death (cardio-respiratory arrest, cor pulmonale, atrial fibrillation) is not service-connected and therefore does not warrant burial benefits at a higher rate.

The VA denied the veteran's claim for service connection for avascular necrosis, finding that there was no direct or presumptive link to his military service and concluding that the condition did not meet the criteria for a Gulf War Syndrome diagnosis.