Other conditions decisions — 2003

The Board of Veterans' Appeals has determined that the veteran's residuals of a tear, right ACL are causally related to his active service and did not pre-exist such service. As such, the claim for service connection is granted.

The veteran's claims for service connection for nicotine dependence and emphysema as secondary to nicotine dependence are denied due to the provisions of 38 U.S.C.A. § 1103, which prohibits service connection for disabilities resulting from tobacco use during active service.

The Board found that the February 16, 1959 decision to reduce the veteran's thoracic spine disability evaluation from 10 percent to 0 percent was not CUE. The June 24, 1974 decision to continue a 0 percent evaluation for the service-connected thoracic spine disability was also upheld. The Board determined that an increased evaluation for the service-connected thoracic spine disability is not warranted based on current evidence.

The Board has determined that the veteran's esophageal reflux is proximately due to or the result of her service-connected knee disabilities, and thus grants service connection for this condition.

The appellant is not considered the surviving spouse of the veteran for the purpose of payment of VA death benefits.

The Board has determined that the veteran's service-connected hammer toes of the third and fourth toe do not warrant a compensable disability rating, as they are manifested by minimal hammer toes. The right sciatic nerve disability is currently rated at 10%.

The VA denied the appellant's request to reopen her claim of entitlement to service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's esophageal cancer was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred therein. The claim for service connection is denied.

The Board found no evidence of a causal link between the veteran's current allergies and any incident of service, thus denying her claim for service connection.

The veteran's dysthymic disorder is rated at 50% and his TDIU rating due to service-connected disability is effective since February 8, 1996. The right shoulder disability is rated at 30%, the trapezius muscle atrophy at 10%, and the pectoralis muscle atrophy at 0%. These ratings are effective as of their respective dates.

The VA denied the veteran's claims for increased evaluations for his cervical torticollis and left knee conditions. The VA found that the evidence did not support a rating in excess of 10 percent for these conditions.

The Board found that the veteran's porphyria cutanea tarda was not incurred in or aggravated by active service and denied his claim.

The Board has granted the veteran's request for a waiver of recovery of an overpayment of improved disability pension benefits, finding that denial would be against equity and good conscience.

The Board found no current disability of nausea and denied the claim for service connection as there was no objective evidence of a chronic or recurrent condition.

The Board has determined that there is no competent medical evidence of an etiological relationship between a current dental disorder and service. As such, the claim for service connection for a dental disorder is denied.

The Board has determined that the veteran's right peroneal neuropathy, claimed as numbness of the right leg, is related to his military service and grants service connection for this condition.

The Board has determined that the veteran's right arm injury, resulting from a shrapnel wound sustained during service, is service-connected.

The Board found no evidence of PTSD due to service and denied the veteran's claim for service connection.

The Board found that the veteran's vertebral osteomyelitis was not caused by VA medical treatment and/or surgery, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted a higher disability rating of 100% for the appellant's service-connected neurogenic bowel disability, effective from October 30, 1997.