Other conditions decisions — 2003

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

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current disabilities are not related to his military service, including any claimed exposure to mustard gas.

The Board found that the veteran's cause of death, cardiopulmonary arrest due to colon cancer, was not caused by a service-connected disability. The appellant could not establish service connection for colorectal cancer on a presumptive basis as it is not listed in the Agent Orange presumption list. Additionally, there was no evidence linking the veteran's colorectal cancer to his military service.

The Board has determined that the veteran's periodontal disease, for which he received treatment in service, is service-connected for purposes of eligibility for VA outpatient dental treatment only. The veteran's application for treatment is granted.

The Board has determined that the appellant's husband had no qualifying service in the United States Armed Forces, and therefore she is not eligible for VA death benefits.

The Board has determined that the veteran's current ear disorder is related to an ear infection he experienced during his active military service, and thus grants service connection for this condition.

The Board denied the veteran's claim for service connection for a chronic sinus disorder, finding no current evidence of such a condition and noting that any in-service symptoms were acute and transitory.

The Board has determined that the veteran's service-connected dry central perforation of the right tympanic membrane does not warrant a compensable rating, and his claims for increased ratings for bilateral otitis media and defective hearing have also been denied.

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

The Board found that the veteran's back injury residuals do not warrant an evaluation in excess of 10 percent, as they only show slight limitation of motion and overall slight functional impairment.

The Board of Veterans' Appeals has denied the veteran's claim for an increased rating for residuals of fracture of the mandible, finding that there is no evidence of nonunion or malunion of the mandible, and no limitation of motion of the temporomandibular articulation to the degree required for a compensable rating.

The Board has determined that the veteran's joint pain and respiratory symptoms are related to his service in the Southwest Asia Theater of operations during the Persian Gulf War, and thus grants service connection for these conditions.

The Board denied the veteran's claim to reopen his service connection for a left hand disability due to lack of new and material evidence, as there was no current presence of such a disability.

The Board granted a higher rating of 20 percent for the post-operative residuals of fracture of the right hip, effective from September 1998.

The veteran's failure to report increased family income resulted in an overpayment of VA pension benefits. The Board found the veteran acted in bad faith and denied his request for waiver.

The Board denied the veteran's claims for service connection for Stargardt disease and acoustic neuroma, both of which were not found to be related to herbicide exposure in Vietnam.

The veteran's claim for an earlier effective date for the resumption of improved pension was denied as his countable income exceeded the maximum annual rate for improved pension, and he did not provide sufficient evidence to warrant a different decision.

The VA determined that the appellant's late husband did not have valid military service in the United States Armed Forces, and therefore he was not eligible for VA benefits.

The Board has remanded the case for further development, including a VA psychiatric examination to determine if the veteran has nicotine dependence and whether it is at least as likely as not that this condition began in service. The claim will be adjudicated again based on this new information.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.