Other conditions decisions — 2003

The Board found that the veteran's current pulmonary disorder is not related to his service, specifically due to a lack of evidence showing any link between his asbestos exposure in service and his current condition.

The Board has denied the veteran's claim for service connection of hiatal hernia, finding that there is no evidence linking the condition to his military service.

The veteran's claim for a compensable evaluation for his service-connected skin disorder was denied as the examination scheduled to evaluate him was canceled due to his refusal to cooperate in the development of evidence.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $460.00, finding that it would not be contrary to equity and good conscience to recover this debt.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a disorder of the thoracic spine, which was previously denied in March 1996.

The Board found that the July 1950 rating decision was not clearly and unmistakably erroneous, as there was no evidence indicating a disability more severe than an asymptomatic scar of the left index finger at the time.

The Board denied the veteran's claim for service connection for TMJ syndrome, finding that there is no current diagnosis of the condition.

The Board has determined that K. is recognized as the child of the veteran for VA benefits purposes, and thus grants her claim.

The veteran's service-connected foot disabilities have been evaluated based on their current manifestations, and the Board has determined that no higher ratings are warranted for either condition.

The Board has reopened the veteran's claims for service connection for a skin disorder and respiratory disorder on a direct basis, as well as secondary to exposure to mustard gas or Lewisite.,However, the evidence does not support a finding that the veteran's current conditions are due to his military service.

The veteran's claim for basic eligibility for nonservice-connected pension is denied as she does not meet the legal requirements of having served a period of 90 days or more during a period of war, and her discharge was due to unsuitability rather than service-connected disability.

The Board granted service connection for fractures of anterior maxilla, right molar bone and right mandible but denied the claim for complete loss of teeth with significant bone loss of maxilla and mandible. The veteran's initial compensable evaluation was not granted.

The veteran's arthritis of the patellofemoral joints is found to be related to service. The chondromalacia of the right and left knees, as well as residuals of a right ankle sprain, are all rated at their maximum compensable levels.

The Board has granted a temporary total disability rating for postoperative inguinal hernia from May 1, 1999 to June 30, 1999.

The Board found that the veteran does not have active duodenal ulcer disease and his symptoms do not meet the criteria for a higher rating under the applicable diagnostic codes. The veteran's current 10 percent disability rating is denied.

The Board found no evidence of a vision disability or head injury resulting from service, and thus denied the claims for service connection.

The Board found that the reduction in the rating assigned for service-connected residuals of prostate adenocarcinoma from 100 percent to 20 percent was proper, and restoration to a higher rating is not warranted.

The VA has denied the veteran's claim for a compensable evaluation for severe periodontal disease with replaceable teeth, finding that her condition does not meet the schedular criteria.

The veteran's appeal is being remanded to the RO for review of his disagreement with the 30 percent disability rating assigned for PTSD under the Decision Review Officer Process.

The Board denied the veteran's claims for service connection and compensation benefits under 38 U.S.C.A. § 1151, finding no evidence of a current disability related to in-service surgery or new and material evidence supporting his claim.