Other conditions decisions — 2003

The VA has determined that the veteran's postoperative residuals of a carcinoid tumor of the right lung do not warrant an evaluation in excess of 10 percent.

The veteran's service-connected residuals of a fractured left fibula are productive of no more than moderate impairment, and the Board finds that they do not warrant a rating in excess of 10 percent.

The Board found that the veteran's shortening of the left leg was a necessary consequence of proper treatment for his left femur fracture, and denied his claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's residuals of surgery for torsion of the right testicle with spermatic cord denervation did not warrant a higher rating, as they were manifested by complaints of pain and evaluated under Diagnostic Code 8630.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for an adenocystic lesion of the right submandibular gland. The evidence submitted includes a statement from Dr. LeFebvre, who reviewed the veteran's enlistment medical examination report and found no pre-existing condition at that time.

The Board has granted service connection for an upper gastrointestinal disorder and increased the ratings for low back disability with degenerative arthritis and disc disease, and bilateral pes planus.

The VA has determined that the veteran's service-connected left forearm muscle injury does not warrant a rating in excess of 20 percent.

The Board has determined that the veteran's right thigh disability, characterized as a moderate muscle injury with no more than minimal tissue loss and no tendon, joint, nerve, or bone damage, does not warrant an increased rating beyond the current 10 percent evaluation.

The Board denied the veteran's claim for service connection for the cause of his death, finding that the cancer which caused his death was not incurred in or aggravated by military service.

The Board denied the veteran's claims for service connection for residuals of a status post resection of colon polyps secondary to amebic dysentery and for an increased rating for amebic dysentery. The claim for assignment of an effective date prior to February 29, 1996, for the left eye disorder was not addressed.

The Board has determined that the veteran's pre-existing brain cyst was aggravated by a head injury during service, and therefore grants service connection for residuals of a brain cyst.

The Board denied the veteran's claim of service connection for ankylosing spondylitis in December 1990, finding that there was no evidence of this condition during or shortly after his military service.

The Board denied the appellant's claim of basic eligibility for VA benefits, finding that her spouse had no recognized active duty service and therefore was not a veteran eligible for VA benefits.

The Board has granted service connection for the veteran's left maxillary squamous cell carcinoma, finding that it was incurred in service due to exposure to herbicide agents while serving in Vietnam.

The veteran's claim for nonservice-connected pension benefits was granted effective from May 22, 2000.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to a negative certification from the National Personnel Records Center (NPRC) indicating that the appellant's spouse had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board denied the veteran's claim for an increased rating for his service-connected right elbow disability, currently rated at 20 percent.

The Board found that the May 1960 rating decision, which granted service connection for scars from varicocelectomy and herniotomy at a noncompensable level, was not clearly and unmistakably erroneous. The veteran's disability did not meet the criteria for special monthly compensation or increased ratings.

The Board denied the veteran's claims for reduction in compensation benefits retroactive to June 1, 1995 and for an effective date prior to October 1, 2001 for additional compensation benefits on account of a spouse.

The veteran's claim for basic eligibility for educational assistance under Chapter 30, Title 38, United States Code is denied as he did not meet the criteria for eligibility due to his first period of active duty preceding June 30, 1985.