Other conditions decisions — 2003

The Board found that the veteran's death was not caused by military service, and denied the claim for service connection for the cause of his death.

The Board has determined that the veteran's organic brain syndrome did not increase in severity during his period of active duty and was present prior to service. Therefore, service connection is denied.

The Board found that the veteran's service-connected right inguinal herniorrhaphy residuals resulted in mild incomplete paralysis of a nerve, which does not warrant an evaluation higher than 20 percent.

The Board has determined that the veteran's right and left foot disabilities, characterized by hallux valgus with hammertoes and calluses, warrant a 30 percent evaluation since August 26, 1994.

The Board denied the veteran's claim for a disability rating in excess of 10 percent for his shell fragment wound residuals, finding that the evidence did not show marked interference with employment or frequent periods of hospitalization due to the service-connected condition.

The Board granted increased ratings of 20 percent for residuals of a shell fragment wound, left pleural cavity with retained foreign body and residuals of a shell fragment wound, left pectoralis and intercostal muscles (minor arm), effective March 1, 1995.

The Board has determined that the effective date for the grant of service connection for residuals of a left elbow fracture is July 8, 1998.

The Board found that the veteran's service-connected right testicular atrophy warranted a noncompensable rating, as it only affected one testicle.

The Board has determined that the effective date for a 10 percent evaluation of service-connected mucocele of the left frontal sinus with obliteration of the sinus and diplopia of the left eye should be March 15, 2001.

The Board has determined that the veteran's service in Korea during 1951 and 1952, where he was stationed after U.S. troops had withdrawn from the Chosin Reservoir, exposed him to cold weather conditions which likely resulted in a cold injury. The VA examiner concluded that the veteran still suffers from residuals of this injury.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The veteran's request for a waiver of the overpayment was timely, and VA error justified waiving recovery of the $15,462.00 debt.

The RO denied an increased rating for postoperative residuals of right carpal tunnel syndrome, and the veteran's claim to reopen service connection for a heart murmur was not successful. The current rating remains at 10 percent.

The Board found no evidence linking the veteran's current back disability to his military service, and denied his claim for service connection.

The Board found that the September 1952 rating decision, which assigned a 10 percent rating for residuals of a gunshot wound of the left thigh, was not clearly and unmistakably erroneous.

The Board denied reopening the claim for service connection for the cause of the veteran's death due to lack of new and material evidence.

The Board determined that the appellant has no legal entitlement to VA benefits based on her husband's active service prior to October 1944 due to his forfeiture of benefits for rendering assistance to an enemy of the United States.

The veteran's service-connected myofasciitis, dorsal area, is rated at 10 percent and his costochondritis, chest wall, is rated at 10 percent. The Board has determined that the current ratings are appropriate.

The Board found that the appellant had no recognized active service and therefore is not a veteran for purposes of VA benefits.

The veteran's death was not service-connected, and the appellant received the maximum allowable burial benefits for a nonservice-connected death.