Other conditions decisions — 2003

The Board has determined that the veteran's chronic left foot injury residuals, specifically his left great toe fracture residuals, are service-connected as they arose from an inservice accident.

The veteran's service-connected temporomandibular joint dysfunction is currently rated at 0 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Board finds that the veteran's bilateral diffuse optic atrophy was incurred during his active service and grants service connection for this condition.

The veteran's service-connected left foot disability, consisting of a healed fracture of the distal aspect of the proximal fifth toe, calcaneal spur, post-traumatic deformity and flaring of the base of the first metatarsal, and post-traumatic arthritic changes, is rated as 10 percent disabling.

The Board denied increased ratings for gout of the right hand and left hand, instability of the left knee, and calcaneal spurs in both feet. The appeal is dismissed as to these issues.

The Board has determined that the veteran's service connection claim for residuals of hysterectomy is granted, as her polycystic ovarian disease in service led to a hysterectomy.

The Board denied the appellant's request for a waiver to recover an overpayment of death pension benefits, finding that recovery would not be against equity and good conscience due to her fault in failing to report income changes.

The Board has determined that the veteran sustained a jaw injury while on active duty, resulting in loss of teeth and a postoperative jaw disability. Service connection is granted for both conditions.

The Board has determined that there is no current diagnosis of a bone condition or blackouts related to Agent Orange exposure, and thus service connection for these conditions cannot be granted.

The Board denied the veteran's claim for an increased rating for his organic affective disorder, finding that the disability did not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board denied the veteran's claim of entitlement to service connection for a head injury resulting in organic brain syndrome, finding that there was no evidence linking the condition to his active service.

The Board has denied the veteran's claims for service connection for a psychiatric disability and a left knee disorder, finding that there is no evidence linking these conditions to his military service.

The Board has granted service connection for residuals of a compound fracture of the left femur and assigned a noncompensable evaluation effective June 25, 1997. The veteran's current disability is manifested by left hip pain that is comparable to malunion with slight hip disability.

The VA examiner found that the veteran's current conditions, including incontinence, loss of sense of balance, confusion, vomiting, and weakness, are not related to the treatment he received from VA. The examiner opined these conditions were more likely secondary to his original head injury rather than any delay in treating hydrocephalus.

The Board found that the veteran's service-connected disabilities did not contribute substantially or materially to his death from glioblastoma multiform, and denied service connection for the cause of the veteran's death.

The Board found that the veteran does not have a disability of the upper or lower extremities caused or aggravated by service-connected cervical or lumbar disc disease.

The Board denied the claim of service connection for an acquired psychiatric disability, including psychosis and personality disorder, as there was no evidence linking these conditions to active duty or any applicable presumptive period.

The Board has reopened the appellant's previously denied claim for service connection for postoperative residuals of a colectomy with a history of duodenal ulcers and ulcerative colitis, finding that new and material evidence has been submitted.

The Board dismissed the appeal due to the veteran's death, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board found no evidence of left ear problems during service and concluded that the current left otitis media with mastoiditis and cholesteatoma is not related to service.