Other conditions decisions — 2003

The Board has found new and material evidence to reopen the claim of service connection for the cause of the veteran's death, which was previously denied in January 1999. The appellant's representative is represented by The American Legion.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for residuals of a right elbow injury, and thus the claim is granted.

The Board has determined that the veteran's right peroneal nerve impairment does not more nearly approximate moderate than mild, and therefore denies a compensable evaluation for this condition.

The Board has reopened the veteran's claims for service connection for residuals of frozen feet and duodenal ulcer disease due to new evidence. The Board finds that these conditions are as likely as not related to inservice cold exposure, but does not find a direct relationship with active duty.

The Board found no evidence of a chronic liver disability related to the veteran's active duty service and denied his claim for service connection.

The Board denied the veteran's claims for ratings in excess of 20 percent for cold injury residuals to both his right and left feet, finding no chronic residual disabilities associated with the service-connected conditions.

The veteran's duodenal ulcer is rated at 20 percent, but the Board found it does not warrant a higher rating as it is no more than moderate in degree.

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

The Board found that the veteran's impotence did not result from his service-connected peptic ulcer disease and medication, and thus denied the claim of secondary service connection.

The veteran's claimed throat disability (leukoplakia of vocal cords) was not incurred during his military service and cannot be presumed to have been caused by exposure to herbicide agents. The claim for service connection is denied.

The veteran's claim for an increased rating for his back disorder was granted, with a 40 percent disability rating effective January 29, 2000.

The Board has determined that the veteran's maxillary sinus cancer, which was linked to exposure to an herbicide agent (Agent Orange), caused his death. As a result, service connection for the cause of death is granted.

The veteran's appeal for a rating in excess of 20 percent for his gunshot wound to the chest has been dismissed due to his death during the pendency of the appeal.

The appellant's claim for VA death benefits was denied because her husband did not have valid military service in the U.S. Armed Forces, and no new and material evidence has been presented to reopen the claim.

The Board found that the veteran's current foot disabilities did not begin during service and were not caused by any incident of service. As a result, the claim for service connection was denied.

The Board found that the veteran's sterility was not incurred in or aggravated by active service and did not find any evidence of radiation exposure. Therefore, service connection for sterility could not be established on a direct basis.

The Board has determined that the veteran's current skin disorder of the left foot, diagnosed as dermatophytes/erythrasma between toe webs, is related to a condition he was treated for in service. The probability of this condition existing during his military service is considered at least 50%. As such, the claim for service connection has been granted.

The Board denied the appellant's request to reopen his claim for service connection for organic brain syndrome and right hemiparesis secondary to trauma, finding that new evidence did not meet the criteria. The appeal regarding an eye disorder was also denied.

The Board denied the veteran's claim for an increased evaluation for his service-connected left foot disorder, finding that the symptoms were no more than moderately severe in degree and did not warrant a schedular evaluation in excess of 20 percent.

The VA determined that the veteran's nodule of the left mid-lung field did not meet the criteria for a compensable evaluation, as it was asymptomatic and stable.