Other conditions decisions — 2003

The Board has determined that the veteran's respiratory disorder, diagnosed as asthma, is proximately due to or the result of his service-connected sinusitis and therefore grants service connection for this condition on a secondary basis.

The Board has reopened the veteran's claim for service connection for residuals of a fracture of the left forearm due to new and material evidence submitted since the last denial in October 1986.

The October 1968 rating decision did not grant special monthly compensation for loss of use of the left foot due to the veteran's service-connected amputations, as the medical records at that time did not support such a determination.

The Board found no chronic respiratory disability or emphysema was incurred in service and denied the claim.

The Board denied the veteran's claims for reopening his claim for residuals of a fracture of the left great toe and for an increased rating for service-connected seventh (facial) cranial nerve paralysis affecting the left side of the face.

The Board has found that the veteran's service-connected residuals of a nondisplaced fracture of the left ilium result in no more than slight knee or hip disability, and thus does not warrant a rating higher than the current 10 percent.

The Board denied the appellant's claim for an increased rating for his service-connected chronic right epididymitis, finding that there was no evidence of recurrent symptomatic urinary tract infections requiring drainage and frequent hospitalization or complete atrophy of both testes.

The Board has determined that the veteran's chronic pancreatitis, which began during his period of service, is a result of an in-service event and grants service connection for this condition.

The Board found that the veteran's death was not caused by or substantially or materially contributed to by a disability of service origin, and denied the claim for service connection for the cause of the veteran's death.

The Board has waived the overpayment of $1,108.50 due to undue economic hardship and the VA's fault in not promptly reducing the veteran's benefits upon notification of his incarceration.

The Board denied the veteran's claims of service connection for genital warts and an initial evaluation in excess of 10 percent for thoracic spine disability, finding no current diagnosis of genital warts and noting that the veteran's thoracic spine disability was currently rated at its maximum allowable level.

The Board has determined that the veteran's claimed right hip and left hip arthralgias are manifestations of a lumbar spine disability, specifically a protrusion at L4-L5 vertebral level. These conditions are not proximately due to or the result of his service-connected right foot disorder.

The Board found that the veteran's hysterectomy residuals were not incurred in or aggravated by service.

The veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, warranting a total disability rating based on individual unemployability.

The VA denied the veteran's widow's claim for benefits under Section 156 of Public Law 97-377, finding that the onset of her husband's lung cancer was not prior to August 13, 1981.

The Board dismissed the appeal because the veteran did not file a timely Notice of Disagreement with respect to the August 1998 decision denying service connection for loss of three upper middle teeth.

The Board denied the appellant's claim to reopen her claim for VA benefits as the surviving spouse of the veteran due to lack of new and material evidence, despite a submitted divorce decree.

The Board has determined that the veteran's circulatory disability of the right lower extremity, resulting in a below-the-knee amputation, and his chronic skin disorder are related to service. The veteran sustained an electrical shock injury during service which likely caused underlying vascular and nerve injuries predisposing him to later develop these conditions.

The Board has granted a combined 50 percent evaluation for the service-connected left knee disability, classified as pes anseritis with degenerative changes.

The appellant is not recognized as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran in December 1998.