Other conditions decisions — 2003

The Board denied the veteran's claim for service connection for a right foot disorder, finding that his preexisting condition did not worsen during active duty.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no causal connection between his exposure to asbestos and his respiratory insufficiency at the time of death.

The Board has determined that the veteran's service-connected right epididymitis does not warrant a rating higher than 10 percent, as it has primarily been manifested by intermittent pain and swelling in the right testicle area without recurrent symptomatic infection requiring drainage or frequent hospitalization.

The Board denied an increased rating for the veteran's service-connected bilateral otitis media, finding that it did not meet the criteria for a compensable rating.

The Board has determined that the veteran's service-connected chronic pleurisy of the left lung, residuals of spontaneous pneumothorax with resection of the eighth rib results in impairment warranting a 30 percent evaluation.

The Board has determined that the veteran's reported symptoms of hematuria and submental lymphadenopathy with associated night sweats are not due to an undiagnosed illness, but rather secondary to nonsteroidal anti-inflammatory medications. As a result, service connection for these conditions is denied.

The Board found that the veteran's congestive heart failure with cardiomegaly is not attributable to his period of military service and denied his claim for service connection.

The veteran's claim for service connection for disability due to alcohol and/or drug use is denied as the disorder is considered willful misconduct.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for residuals of chest and spinal injuries, and for residuals of a concussion.

The Board has determined that the veteran's service-connected varicose veins of the left leg do not warrant a disability evaluation in excess of 50 percent, as there is no evidence of persistent edema, subcutaneous induration, stasis pigmentation or eczema, or persistent ulcerations.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. 1151 due to a left elbow disability, finding that there was no evidence showing additional disability directly resulting from VA surgery.

The veteran's appeal is being remanded due to a scheduling issue for a video board hearing. The case will be returned to the Board after the scheduled hearing.

The Board has determined that the veteran's preexisting residuals of a head injury were aggravated by his active service in 1991, resulting in current psychiatric disorders. Therefore, the claim for service connection is granted.

The Board has determined that the veteran's current right eye disability is related to his service injury, and thus grants service connection for residuals of a right eye injury.

The veteran's brain surgery did not result in additional disability, and the Board finds no fault on the part of VA. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The VA surgery for the right inguinal hernia did not result in any new disability, and there is no evidence of negligence or fault on the part of the VA medical providers.

The veteran's squamous cell carcinoma of the tongue is determined to be service-connected due to exposure to Agent Orange during his service in Vietnam.

The veteran's service-connected left knee disability was initially rated at 10 percent from May 12, 1999 until February 19, 2002. From February 19, 2002 to April 17, 2002, the rating was increased to 30 percent due to severe bone on bone arthritis and loss of motion and stability. Following a total knee replacement on April 17, 2002, the disability has been rated as totally disabling.

The Board found that the veteran did not have any chronic disability as a result of in-service cold exposure, and his currently diagnosed disabilities are not causally related to such exposure.

The Board has denied the veteran's claim of service connection for a toenail fungus, finding that there was no chronic disability resulting from an inservice episode and that the evidence does not support a link to service.