Other conditions decisions — 2003

The Board has ordered further development due to the need for clarification of the veteran's treatment facilities in service and a determination on whether his dysthymia had its onset during military service. The case is being remanded back to the RO for these actions.

The veteran is seeking service connection for missing teeth and a compensable rating for ingrown toenails. The RO must obtain his dental records, including any x-ray films or other radiology reports dealing with his complaints of loss of teeth during military service. He should also be scheduled for a VA dental examination to determine the likelihood that any current dental condition is related to his service in the military and whether it is a residual of dental trauma purportedly sustained in service.

The Board has denied the veteran's claim for reopening his service connection claim for a skin rash on the face, back, chest and arms due to Agent Orange exposure.

The Board has found that there was clear and unmistakable error in the July 1990 decision denying TDIU benefits, and has granted TDIU effective as if the claim had been granted in July 1990. The earliest effective date for TDIU benefits is now June 2, 1992.

The VA determined that the veteran's right hand disability, specifically the residuals of fracture of the right little finger, does not warrant an increased evaluation. Additionally, the VA denied a total rating for compensation purposes based on individual unemployability due to his service-connected disabilities.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, DIC benefits under 38 U.S.C.A. § 1151, and DIC benefits under 38 U.S.C.A. § 1318 due to lack of evidence supporting her claims.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA disability benefits, finding fault with the veteran's failure to notify VA of his incarceration and concluding that recovery would not result in undue hardship or unjust enrichment.

The Board has decided to remand the case for further action, including requesting additional VA clinical documentation and readjudicating the issue of whether new and material evidence has been received to reopen the claim.

The Board has ordered a remand for further development of the veteran's claim, including an examination to determine the extent and severity of his disability due to the gunshot wound to the neck. The RO is instructed to consider all relevant rating criteria and avoid pyramiding with any other disabilities already rated.

The Board of Veterans' Appeals has determined that the veteran's post-traumatic stress disorder is related to his service in Vietnam, and thus grants the claim for service connection.

The Board denied the veteran's claim for VA outpatient dental treatment due to a lack of evidence showing service connection for a dental condition resulting from trauma. The issue regarding skin cancer, claimed as secondary to exposure to ionizing radiation in service, and the reopening of the acne claim are addressed in the remand section.

The Board found that the veteran's current teeth, gum and left jaw disorders are not related to service or any other condition that existed prior to service.

The veteran's periodontal disease developed during active service and is considered chronic. The Board has determined that the criteria for eligibility for VA outpatient dental treatment are met.

The veteran's appeal for an increased evaluation of his bilateral foot condition, which is currently rated as pes planus at 30 percent, has been dismissed due to the death of the veteran during the pendency of the appeal.

The Board has determined that the veteran's fungal infection of the feet was incurred during active service, and thus granted service connection for this condition.

The Board denied service connection for spinal stenosis and residuals of a partial gastrectomy for peptic ulcer disease and hiatal hernia, finding that the veteran's current conditions are not attributable to his military service.

The veteran's claim for reimbursement of unauthorized medical expenses is being remanded due to the lack of a Statement of the Case (SOC).

The VA has denied an increased evaluation for the veteran's residuals of a stab wound to the right great toe, currently rated at 10 percent.

The Board has determined that the loss of sensation to the left side of the face was incurred during service and grants the veteran's claim for service connection.