Other conditions decisions — 2003

The Board denied an increased evaluation for residuals of a fracture of the right great toe, currently evaluated as 10 percent disabling.

The Board found that new and material evidence had not been received to reopen the appellant's claim regarding his character of discharge from service, which was under dishonorable conditions. The appeal is considered 'mixed' as some issues were granted while others were denied.

The Board found that no service-connected disability caused or contributed to the veteran's death, and pancreatic cancer was not shown to be related to service.

The veteran withdrew his appeal concerning service connection for shigella dysentery before the Board could make a decision.

The Board has reopened the appellant's previously denied claim of entitlement to service connection for residuals of a back injury, as new and material evidence has been submitted. The issue will now be considered on its merits.

The Board has reopened the veteran's claim for service connection for injury to the left hand with fracture of the ring finger due to new evidence submitted since the final denial. However, the claim remains denied as there is no current disability.

The Board has determined that the veteran's psychosis manifested to a compensable degree within one year of his discharge from service, and therefore presumptively incurred during active duty. Service connection is granted.

The Board has determined that the veteran's bilateral foot disorder is etiologically related to service and grants his claim for service connection.

The VA denied the veteran's claims for increased ratings for his service-connected shell fragment wounds to the left chest and arm, as well as his shell fragment wound of the left lung. The disability ratings remain at 30 percent for the chest and arm injuries and 20 percent for the lung injury.

The Board denied an increased evaluation for the service-connected residuals of enucleation of the right eye, finding that the current visual acuity in the veteran's left eye (20/20) is sufficient to warrant a 10 percent rating.

The Board of Veterans' Appeals has determined that the veteran is competent for VA benefit purposes, despite his psychiatric disorder.

The veteran's dysthymic disorder (depression) is rated at 50 percent, which grants a higher rating than the initial 30 percent assigned in April 2001. The disability picture presented by the evidence warrants this increased rating.

The Board denied the claimant's eligibility for VA benefits based on service due to lack of verified service records.

The Board denied service connection for residuals of right foot injury as there was no evidence of a current disability related to service.

The VA determined that the appellant's right wrist disability, diagnosed as arthritis, does not warrant a higher rating than 10 percent.

The Board found that the appellant is not a surviving spouse for DIC purposes due to multiple separations from the veteran, and thus denied her claim.

The Board denied an increased rating for shell fragment wound residuals of the posterior chest, involving Muscle Groups XX and XXI, as the criteria for a disability rating in excess of 20 percent have not been met.

The Board determined that the veteran's request for waiver of recovery of a pension overpayment was not timely submitted, and therefore denied the appeal.

The Board has granted an increased rating of 20 percent for the veteran's service-connected avulsion injury to the left thigh with fracture of the distal left femur, effective from January 1997. The claim for a separate compensable rating for residual scarring was also granted.

The veteran's left pelvis fracture with displacement and sacroiliac arthritis is currently rated at 20 percent, which is the maximum schedular rating available under DC 5255. The VA has determined that a higher evaluation is not warranted based on the current evidence of record.