Other conditions decisions — 2003

The Board of Veterans' Appeals has denied the claim for DIC benefits under 38 U.S.C.A. § 1151, finding that the veteran's death was not caused by VA hospitalization and that there is no evidence to support a claim of negligence or fault on the part of the VA in causing his malnutrition with anemia.

The Board has determined that there is no evidence to support service connection for cramping of the extremities or weight loss due to undiagnosed illness. The veteran's lumbar muscle strain remains rated at 20 percent.

The Board has granted service connection for hives due to undiagnosed illness, but denied service connection for joint pain.

The veteran withdrew his appeal for an increased rating for residuals of a simple fracture of the medial tibial plateau of the left knee and lateral portion of the left tibia with degenerative joint disease.

The Board found that the veteran's preexisting right eye disorder did not increase in severity during service and denied his claim for service connection.

The Board has granted a 10 percent rating for the veteran's service-connected duodenitis/gastritis, finding that it results in mild impairment with symptoms of abdominal pain, gas, and bloating. The veteran is not entitled to a higher rating as his disability does not meet the criteria for moderate or severe disability.

The Board denied the veteran's claims for increased evaluations of his service-connected hammertoes and enlarged tonsils, finding that the evidence did not support a finding of entitlement to these benefits.

The Board has reopened the veteran's claim of service connection for residuals of trench feet due to new and material evidence, including opinions from private physicians linking current foot disabilities to inservice exposure to cold weather.

The Board denied service connection for left frontal meningioma as secondary to radiation exposure in service and the claim for a higher rating for bilateral hearing loss. The low back disorder was granted service connection but not rated compensably.

The Board found that the RO decisions denying entitlement to a higher rate of special monthly compensation from an earlier effective date were not clear and unmistakable error, based on the evidence then of record.

The veteran's PTSD is currently rated at 100 percent, effective from July 18, 1998.

The Board has determined that the veteran's claimed bilateral ear disorder, gastrointestinal disorder, and gunshot wound residuals are not service-connected.

The veteran's claims for service connection and increased evaluation are being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board denied the claim for service connection for the cause of the veteran's death, finding that no disability incurred in or aggravated by service caused or contributed to his death.

The veteran's psychophysiological musculoskeletal reaction is currently rated at 30 percent disabling, and the Board finds that this rating adequately reflects his symptoms.

The Board has determined that the veteran's cold injury residuals, including cold sensitization and mild tingling and numbness in the lower extremities, are service-connected.

The Board found that the veteran's current diagnosis of peripheral vascular disease with claudication in the right lower extremity was not incurred as a result of an injury during service, and thus denied his claim for service connection.

The Board found no additional disability resulting from the VA treatment in June 1998 and denied the veteran's claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for service connection for residuals of shrapnel wounds to the chest, legs, jaw, and ears as there is no current disability in these areas.

The Board found that the veteran's service-connected thoracic spine condition is not entitled to a higher schedular rating, and denied his request for an extraschedular evaluation.