Other conditions decisions — 2003

The veteran's service records do not indicate he served in the Southwest Asia Theater of Operations during the Persian Gulf War, which is required for presumptive service connection under the Veterans Benefits Improvements Act of 1994. Therefore, his claims are denied.

The Board has determined that the veteran developed a nicotine dependency in service, which caused him to smoke and led to his respiratory condition. Therefore, both nicotine dependency and the respiratory condition are granted as service-connected.

The Board denied the veteran's request for a compensable evaluation for his service-connected burns of the face, right arm, right hand, and right leg due to the failure to timely file a request for waiver of overpayment.

The appellant is not recognized as the veteran's surviving spouse for VA death benefits purposes due to her remarriage and public declaration of a new marriage.

The Board denied an earlier effective date for the award of service connection for arthritis of both feet, finding that no earlier effective date is authorized under applicable laws and regulations.

The veteran's claims for increased disability rating and service connection were denied. The Board found no evidence of current disabilities related to the claimed conditions.

The veteran's senility and bronchogenic carcinoma were not incurred in or aggravated by active service, and are not considered to be related to his military service. The Board finds no basis for granting service connection for the cause of death.

The Board denied the veteran's claims for service connection for the cause of his death and entitlement to Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The Board has granted service connection for costochondritis and assigned a 10 percent disability rating, effective July 1, 2000.

The Board found no evidence of a current heart disorder or tachycardia, and there is insufficient medical evidence to connect any past cardiovascular issues with the veteran's active service. The claim for service connection was denied.

The Board has determined that the veteran's death was not caused by or a result of his service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's respiratory disability was not incurred in or aggravated by his active duty service and denied his claim.

The Board has determined that the veteran's claim for service connection for residuals of an excision of a benign oral lesion, melanoacanthoma, is denied as there is no current disability.

The Board found that the veteran's attention deficit disorder pre-existed service and did not increase in severity during service, thus denying his claim for service connection.

The Board denied service connection for both the residuals of a right leg injury and the skin disability, finding that there was no medical evidence supporting a relationship between these conditions and the veteran's service-connected schizophrenia.

The Board found that the veteran's left hand disability, manifested by a fused carpometacarpal (CMC) joint of the thumb with favorable ankylosis, met the criteria for a 20 percent schedular rating throughout the appeal period.

The veteran's appeal for an earlier effective date for a 100% disability rating for bronchiectasis was granted, and his claim for a total disability rating based on unemployability due to service-connected disabilities was also granted.

The Board denied service connection for residuals of fractures to the left and right femurs, finding no evidence that these conditions were incurred or aggravated by military service.

The Board found that the submitted evidence was not new and material to reopen the claim of service connection for a postoperative tuberculoma of the left lung.

The veteran's claim for service connection for apical periodontitis for compensation purposes is denied due to the absence of legal merit.