Other conditions decisions — 2003

The Board has determined that the loss of the left eye was not due to carelessness, negligence, lack of proper skill, error in judgment, or other instance of fault on the part of VA. The loss of the left eye was a foreseeable event.

The Board found no evidence of dental trauma during service that resulted in the veteran's lost teeth. As a result, service connection for lost teeth is denied.

The Board has denied the veteran's request for a waiver of recovery of an overpayment in Dependency and Indemnity Compensation (DIC) in the amount of $5,191.00 due to his failure to report his remarriage in a timely manner.

The veteran's claim for increased compensation benefits based on aid and attendance of his non-veteran spouse was denied because the earliest date of receipt by the RO prior to her death is August 1999, which is after her death in May [redacted], 1999. The Board found that there was no evidence to support a claim filed in December 1998.

The veteran's appeal is remanded due to insufficient evidence regarding his service-connected psychophysiological disturbance of the gastrointestinal system. Additional medical records are needed, and a VA examination should be scheduled.

The veteran's claim for an increased rating in excess of 10 percent for post traumatic stress disorder was dismissed due to the death of the veteran.

The veteran died of cancer, and the VA is remanding the case to determine if his asbestos exposure contributed to his death.

The Board denied an increased evaluation for the veteran's postoperative urachal cyst residuals and denied service connection for asbestosis. The veteran was not granted any of his claims.

The Board denied the appellant's claim as she was not legally recognized as the veteran's surviving spouse due to her divorce from him in May 1995.

The Board found that the veteran does not have non-Hodgkin's lymphoma and denied his claim for service connection.

The Board has granted a 30 percent rating for the veteran's residuals of a fracture of the left fibula, resolving all reasonable doubt in favor of the veteran.

The Board has ordered further development due to an error in mailing notice of a scheduled VA examination. The case is now remanded for the appropriate development, including scheduling a psychiatric examination and providing the claims folder to the examiner.

The veteran is seeking an increased disability evaluation for his service-connected residuals of a lacerated wound injury to the left arm with injury to the deltoid muscle, muscle group III. The VA needs to schedule additional examinations and obtain medical records in order to determine the extent of his current symptoms and their relation to his service-connected condition.

The Board denied the veteran's claims for increased rating and CUE allegations, finding that the February 1974 rating decision was not clearly and unmistakably erroneous.

The Board has determined that the veteran's cardiovascular disease is proximately due to or the result of his service-connected PTSD, and thus grants service connection for this condition on a secondary basis.

The Board has granted service connection for left frontal meningioma as a disease specific to radiation-exposed veterans, effective from March 26, 2002. The veteran's exposure to ionizing radiation in service is presumed.

The Board denied the veteran's claims for evaluations of his right and left foot hallux valgus, finding that the disability did not meet the criteria for a compensable evaluation under the applicable rating schedule.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and for Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Board dismissed the appeal of DIC under 38 U.S.C.A. § 1318 as moot due to service connection for the cause of death and because the appellant withdrew her appeal.

The Board denied the veteran's claim for service connection for a skin disorder and dermatofibroma, finding no direct link to service or presumptive exposure to Agent Orange. The current condition is not linked to the in-service papilloma.