Other conditions decisions — 2003

The Board has granted a 40 percent evaluation for post gastrectomy syndrome, the highest available rating under Diagnostic Code 7308.

The Board found that the veteran's skin disability was not incurred in or aggravated during service and did not meet any of the presumptive conditions for service connection due to exposure to herbicide agents. As a result, the claim was denied.

The case is being remanded due to scheduling issues and the need for additional notification under the Veterans Claims Assistance Act of 2000. The appellant's request for a personal hearing before a Travel Board has been noted, but no hearing date has been scheduled yet.

The Board found that new and material evidence had been submitted to reopen the claim of service connection for the cause of the veteran's death, but denied the claim as there was no evidence showing a relationship between the veteran's active service and his death.

The Board has determined that the veteran's residuals of a gunshot wound to the left hip involving muscle group XVII warrant a 60 percent evaluation, which is the maximum available under current VA rating criteria.

The Board found that the veteran's psychiatric disability, primarily diagnosed as schizoaffective disorder, was not incurred in or aggravated by service and denied his claim.

The Board denied the claims for increased ratings for non-Hodgkin's disease lymphoma, status post lymphoma resection scars on the mid-back and left flank, and anemia (as a residual of non-Hodgkin's disease lymphoma).

The veteran is living and has not been captured or missing while on active duty. The appellant's father does not currently have a service-connected disability that results in a total and permanent nature, nor does he have a total disability permanent in nature resulting from a service-connected disability. Therefore, the required conditions for eligibility for dependent's educational assistance under Chapter 35, Title 38, United States Code are not met.

The Board found that the overpayment of VA compensation in the amount of $2,724.00 was properly created and denied the veteran's request for forgiveness of this debt.

The Board has determined that the veteran's gynecological disorder preexisting service was not aggravated by active duty, and thus denied her claim for service connection.

The Board has determined that there is no competent medical evidence linking the veteran's current right foot, hip, or knee conditions to his period of active service. The claims for residuals of a fracture and DJD of the right leg, right hip, and right knee have been denied.

The June 1971 rating decision was found to have clear and unmistakable error, as the initial injury included an open comminuted fracture of the humerus with damage to both the deltoid and biceps muscles. The correct rating is now a 40 percent for residuals of the gunshot wound.

The Board has determined that the veteran's squamous cell carcinoma and basal cell carcinoma are related to mustard gas exposure during service, granting service connection for these conditions.

The VA has determined that the veteran's service-connected residuals of a shrapnel wound to the left upper abdomen with involvement of the external oblique muscle do not warrant an increased rating beyond the current 50 percent.

The Board denied the veteran's claims for service connection for turf toe, left hallux and an initial disability evaluation in excess of 10 percent for left patellofemoral syndrome. The veteran was not shown to have a chronic condition related to his active duty service, and there is no evidence that he has any current disability as a result of such service.

The Board has determined that the veteran does not currently have any manifestations of trichuriasis or hookworm, and thus, there is no basis for a compensable evaluation.

The Board has granted service connection for the degree of aggravation of ALS attributable to residuals of compression fractures of thoracic vertebrae and injury to cervical vertebrae.

The Board denied the veteran's claims for service connection for bilateral ear disability (including hearing loss and tinnitus) and for an extension of a temporary total disability rating based on convalescence beyond November 1, 1995.

The VA determined that the veteran's lung disability was not incurred in or aggravated by active service.

The Board denied the appellant's claims for service connection due to exposure to Agent Orange and for the cause of her husband's death. The evidence submitted since the last final decision was found not to be new and material, thus failing to reopen the previously denied claim.