Other conditions decisions — 2003

The Board denied the veteran's claim for an increased rating for his service-connected residuals of injury to the right eye with retained metallic fragment post removal with defective vision, finding that the current disability evaluation adequately reflects the severity of his condition.

The Board found that the veteran's cause of death, respiratory failure due to chronic obstructive lung disease (COLD), was not caused by any incident of service and denied service connection for the cause of death.

The Board found that the veteran's left facial nerve paralysis was not caused by VA treatment and is not compensable under 38 U.S.C.A. § 1151.

The Board has granted service connection for the residuals of a shell fragment wound to the right midline eyebrow, finding that the veteran's lay statements are consistent with his service and post-service medical records support this claim.

The Board has determined that the veteran's claimed cerebrovascular accident is not related to his military service or a service-connected condition, and thus denied the claim.

The Board found that the veteran's symptoms, including occasional loose and explosive bowel movements, incontinence, anemia, dysphagia, intermittent heartburn, extensive esophageal ulcerations and edema with hiatal hernia but no stricture, do not warrant a higher rating than 40 percent for residuals of gastric surgery.

The Board found that there was no evidence linking the veteran's current symptoms to his head injury in service, and thus denied his claim for service connection.

The Board found no evidence of a service-connected condition that caused the veteran's death due to arteriosclerosis and related conditions. The VA examiner concluded it was unlikely that the fatal illness was attributable to the veteran's active service.

The Board denied the veteran's claim for an earlier effective date for service connection for residuals of a left hand injury, finding that the earliest possible effective date is October 6, 1998.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for residuals of an eye injury. The veteran now has acquired eye disabilities, which are not precluded from receiving compensation.

The VA denied an increased rating for the appellant's service-connected residuals of a gunshot wound to the thumb and ring finger of the left hand, currently rated as 10 percent disabling.

The Board found no evidence of a diagnosed disability related to the veteran's complaints of pleuritic chest pain with shortness of breath, and thus denied his claim for service connection.

The Board found that the veteran's service-connected back disability does not warrant an increased rating as his symptoms do not meet the criteria for a higher evaluation under any applicable diagnostic codes.

The veteran's service-connected disabilities prevent him from securing and maintaining gainful employment, warranting a TDIU rating.

The Board found that the veteran was solely at fault in creating the overpayment of improved pension benefits due to his failure to report unearned income from interest. Recovery of the overpayment would not deprive the veteran of basic necessities or defeat the purpose of the benefit.

The Board denied the veteran's claim for an increased rating for residuals of a left humerus fracture, finding that the disability is currently rated as 20 percent disabling and does not warrant a higher rating.

The Board denied an increased evaluation for the veteran's residuals of a compression fracture of T-12, currently rated at 20 percent.

The Board found that the veteran's left leg muscle injury warranted a separate 30 percent rating effective from August 23, 1982. The existing 10 percent scar rating remains in effect.

The Board has determined that the veteran's current gastrointestinal disability, including duodenal ulcer, is service-connected as it can be disassociated from his in-service complaints.

The Board concluded that the veteran's current cancer of the tongue and floor of the mouth, including his laryngeal cancer, may be considered an airway-related cancer due to his service in Vietnam and exposure to herbicides. The decision grants service connection for these conditions.