Other conditions decisions — 2004

The Board has remanded the case for further development, including scheduling a personal hearing at the RO.

The Board denied the claim that chronic obstructive lung disease, which was a contributory cause of death on the veteran's death certificate, was proximately due to nicotine dependency acquired during active military service.

The veteran's skin conditions, including squamous cell carcinoma and actinic keratoses, are presumed to be related to mustard gas exposure at Camp Blanding. However, the full-body exposure required for presumptive service connection has not been established.

The veteran's claim for service connection for nerve damage to the left eye secondary to facial scars was denied. The claim for a higher initial rating for headaches, currently rated at 10 percent, and for an earlier effective date for both service connection and initial rating were also denied.

The Board has determined that the veteran's debt of $1,616.02 plus interest is valid and should be waived by VA.

The Board has remanded the case due to incomplete records and need for further examination. The veteran's claim of service connection for residuals of head trauma is being reviewed.

The Board denied the veteran's claim of entitlement to service connection for cardiovascular disease as secondary to his service-connected hypertrophic lichen planus.

The Board found that the overpayment of VA compensation in the amount of $6,375.20 was properly created and denied the veteran's request for forgiveness.

The Board denied the appellant's claims for increased ratings for her service-connected left and right leg myalgia, as well as her claim for a compensable rating for residuals of a right calf muscle biopsy. The Board also found that she is not unemployable due to her service-connected disabilities.

The VA denied an increased rating for the veteran's service-connected residuals of a shell fragment wound (SFW) penetrating the abdomen with a lacerated colon and a colostomy, currently rated at 20 percent.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine if there is new evidence that could reopen a claim of service connection for stroke residuals. The veteran's PTSD rating remains denied due to her failure to report for a scheduled VA examination.

The Board has granted an effective date of November 1, 1976 for the grant of SMC based on loss of use of a creative organ due to service-connected residuals of transurethral resection of the prostate.

The Board of Veterans' Appeals (Board) has determined that the veteran's chronic acquired respiratory disorder, including bronchiectasis and reactive airway disease, is related to his service in Southwest Asia during Operation Desert Storm.

The veteran's service-connected residuals of a crush injury and surgery of the right hand are rated at 10 percent, effective from September 1997.

The Board granted a 60 percent evaluation for recurrent left spontaneous pneumothorax as of November 2, 2002. The veteran's condition was previously rated noncompensable prior to this date.

The Board has determined that the veteran does not have any current foot disability related to cold exposure during service, and thus denied his claim for service connection.

The Board denied the veteran's claim for a rating in excess of 50 percent for his right lower extremity disability, finding that the current 50 percent rating adequately reflects the degree of functional impairment.

The Board denied the veteran's claim for service connection for lymphadenitis of the left inguinal region claimed as an inguinal hernia, finding no evidence to support a current disability linked to service.

The veteran's chronic pain with degenerative joint disease and spinal stenosis is rated at a 20 percent disability level under the revised spine regulations.

The veteran is seeking service connection for olivopontocerebellar atrophy, including as due to exposure to Agent Orange. The appeal is remanded to obtain a medical opinion regarding the etiology of the condition.