Other conditions decisions — 2003

The Board denied service connection for cataracts as a result of exposure to ionizing radiation, finding that the veteran did not have current disability and that any claimed cataracts were age-related.

The Board has found the evidence sufficient to substantiate the veteran's claim for service connection for left elbow disability and is granting the claim.

The veteran's appeals for service connection for skin disorders other than genital herpes as due to exposure to Agent Orange and an earlier effective date for the award of a compensable disability evaluation for genital herpes were dismissed because he did not timely file substantive appeals. The appeal for service connection for tinnitus was also dismissed.

The Board has determined that the veteran's service-connected disabilities, including multiple shrapnel wounds and fractures of the pubic rami, warrant increased evaluations. However, specific ratings have not been assigned due to lack of clear evidence.

The Board denied the appellant's claim of clear and unmistakable error (CUE) in a December 1993 rating decision that granted an increased rating of 30 percent for service-connected residuals of bilateral frozen feet, status post amputation of the right great toe. The appeal was based on disagreement with how the RO applied the applicable laws and regulations.

The Board found that the veteran's spinal disorder was not incurred or aggravated by service, and therefore denied his claim.

The VA determined that the veteran's schizoaffective disorder, formerly characterized as dysthymia, does not warrant an evaluation in excess of 50 percent.

The veteran's disability necessitating aid and attendance of another person was established on June 7, 1993. The effective date for special monthly pension based upon the need for regular aid and attendance is set at this date.

The Board denied the appellant's request for waiver of overpayment of VA Chapter 35 Dependents' Educational Assistance benefits, finding that it was not timely filed.

The Board denied the veteran's claim to reopen his service connection for a stomach disorder, finding that the new evidence did not show a current stomach disorder and was not sufficient to reopen the claim.

The Board has determined that the veteran does not have a cardiovascular condition or left hip disorder that is related to service, and thus denied both claims.

The VA determined that the veteran's service-connected glomerulosclerosis, which is currently rated at 10 percent, does not warrant a higher rating as it does not meet the criteria for a higher evaluation under the current schedular criteria.

The Board found no evidence of a gastrointestinal disorder related to service and denied the veteran's claim.

The Board of Veterans' Appeals has determined that the veteran's varicose veins of the lower extremities began during his military service and are related to his active duty. Therefore, the claim for service connection is granted.

The Board has granted service connection for a right quadriceps injury and assigned a 10% rating since November 23, 1999.

The Board denied the appellant's claims for service connection for squamous cell carcinoma of the tongue and for the cause of the veteran's death, finding that she did not meet the legal requirements to be recognized as the surviving spouse.

The Board has remanded the case for further development, including VA examinations to determine the severity of the veteran's service-connected incomplete auriculoventricular (AV) block and his ability to care for himself without assistance. The issue of diabetes mellitus is also inextricably intertwined with the SMC claim and must be addressed by the RO.

The Board found that the veteran's right testicle was present and not removed during service, thus denying his claim for service connection.

The Board has determined that a timely Notice of Disagreement (NOD) was not filed with respect to the November 2000 rating decision denying service connection for hemorrhoids. As a result, the Board does not have jurisdiction over this issue.

The veteran's claim of entitlement to a permanent and total disability rating for pension purposes was denied because his service did not meet the requirements for eligibility under 38 U.S.C.A. § 1521(j).