Other conditions decisions — 2003

The veteran's claim for higher ratings for enucleation of the left eye is denied.,The reduction from a 60 percent to a 40 percent rating based on clear and unmistakable error in the April 1, 2002 decision is upheld and meets procedural requirements.,The veteran's claim for a total disability rating for compensation purposes due to individual unemployability by reason of service-connected disabilities is denied.

The Board denied the veteran's claim for service connection for loss of teeth numbered 6, 7, 8, 9, and 10 due to trauma, finding that there was no evidence showing that the extractions were due to a trauma suffered in service. The appeal is denied.

The Board granted an apportionment of the veteran's VA improved pension benefits in the amount of $100 per month to his ex-spouse on behalf of their minor child, effective April 2002.

The Board dismissed the appeal because a timely substantive appeal was not filed regarding the denial of re-opening a claim for service connection for an acquired gastrointestinal disorder.

The veteran's disability associated with residuals of a GSW injury to Muscle Group XX is characterized as severe, warranting a 40 percent rating. The Board found that the current level of disability does not meet the criteria for an increased rating in excess of 40 percent.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for bilateral macular degeneration, but denied the claim on the merits due to lack of clear and unmistakable evidence showing aggravation during service. The veteran's pre-existing condition was considered congenital or developmental.

The Board denied the veteran's claims for service connection for a urinary disorder as secondary to his service-connected postoperative vagotomy and pyloroplasty with hiatal hernia and adhesions, and denied an increased rating for his service-connected postoperative vagotomy and pyloroplasty with hiatal hernia and adhesions.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The veteran's claims for increased evaluations of his service-connected cold injury residuals have been denied. The RO has not assigned a compensable evaluation for the upper extremities or ears, and the claimant is not entitled to an increased rating based on the current evidence.

The Board has granted a 70 percent disability evaluation for post traumatic stress disorder (PTSD) and denied the claim for hearing loss. The PTSD is currently manifested by occupational and social impairment with reduced reliability and productivity.

The Board found that the veteran did not engage in combat with the enemy and there is no credible supporting evidence of the claimed stressors. As a result, service connection for PTSD was denied.

The veteran's left knee disability, postoperative ACL reconstruction, is currently rated at 10 percent and the claim for an increased rating has been denied.

The Board has determined that the veteran's right ankle disability, manifested by swelling and pain with limited motion, does not warrant a rating in excess of 30 percent.

The veteran's service-connected psychogenic amnesia and dysthymia do not render him unemployable, as he has engaged in part-time employment.

The Board denied the veteran's claims for compensable ratings for urethritis, prostatitis, and a skin disorder as well as his claim for 38 C.F.R. § 3.324 benefits due to failure to show for scheduled VA examinations.

The Board denied the veteran's claim for service connection for defective vision, finding that it was due to refractive error (astigmatism and presbyopia) which is not a compensable disability under VA regulations.

The Board of Veterans' Appeals denied the veteran's claim for service connection for diffuse organic brain damage, finding that there was no evidence linking this condition to his active military service.

The Board found that the veteran's death was not due to a service-connected disability and denied the claim for service connection for the cause of his death.

The Board denied the appellant's claims for service connection for a dental disorder and gynecomastia, including as secondary to herbicide exposure. The appellant was not shown to have a current disability or evidence of in-service injury that would support a grant of service connection.

The Board denied the veteran's claim of service connection for a psychiatric disorder, finding that his personality disorder and primary alcoholism are not disabilities for VA compensation purposes and that any acquired psychiatric disorder did not begin in or was not caused by service.