Other conditions decisions — 2004

The veteran's claim for an increased evaluation for his service-connected post-traumatic encephalopathy is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000.

The Board has remanded the case for additional development due to a failure to comply with VCAA notification requirements.

The Board has determined that the veteran does not have current disability from a lung disorder and is therefore not entitled to service connection for this condition.

The veteran's skin condition, characterized by generalized ichthyosis with trichophytosis of the feet, was found to not meet criteria for a higher rating prior to August 30, 2002. For the period beginning on and after August 30, 2002, the condition did not warrant an evaluation in excess of 60 percent.

The Board denied the veteran's claims for increased ratings for his service-connected gunshot wound to the left thigh and gastritis with duodenitis, finding that the residuals of the gunshot wound did not warrant a rating in excess of 30 percent.

The veteran's Hodgkin's disease is found to have existed prior to service and not aggravated by service. Service connection for the right knee disorder is denied, but a higher evaluation for the left knee disability is granted.

The Board found that the veteran's bilateral foot disorder is not causally related to service and denied her claim for service connection.

The Board denied the veteran's request for a waiver of an overpayment of VA education assistance benefits, finding fault on her part in accepting and retaining funds to which she was not entitled.

The Board found no evidence of lead intoxication in service and denied the claim for service connection.

The veteran's PTSD was incurred in active service and the claim for service connection is granted.

The Board has determined that the veteran's right eye cataract is a result of an in-service injury and grants service connection for this condition.

The Board denied the veteran's claims for service connection for a dental injury/condition and eligibility for VA dental treatment, finding that there was no evidence of such an injury or condition during his military service.

The Board has granted a 20 percent evaluation for the veteran's service-connected residuals of status posttraumatic scrotal hematoma and varicocele, finding that the condition more closely approximates complete atrophy of both testes.

The Board denied the veteran's claims for service connection for residuals of a head injury to include ear problems, equilibrium dysfunction, hearing loss, nose and chin disabilities, headaches, dizziness and dental disorders; muscular strain of the left upper chest; seizures; anxiety disorder; back disability; and gastritis/peptic ulcer disease. The Board found that there was no evidence of chronic conditions during service or for many years after service, and thus denied these claims.

The Board determined that the appellant's spouse does not have verified active military service with the U.S. Armed Forces, and therefore is ineligible for VA benefits.

The Board found that the veteran did not suffer aggravation of PVD of the right leg as a result of surgery and treatment at a VA medical facility in February and March 1995, and therefore denied his claim for compensation benefits under 38 U.S.C.A. § 1151.

The veteran's claim for an earlier effective date for service connection was denied, and his appeal for a higher disability evaluation remains pending.

The Board denied the appellant's claim for compensation under 38 U.S.C.A. § 1151, finding that there was no evidence of fault on the part of VA in causing his current conditions.

The Board found no competent medical evidence relating the veteran's varicose veins to his military service and denied his claim for service connection.

The Board denied an increased rating for the service-connected left varicocele, status post varicocelectomy and did not address the other issues as they were remanded to the RO.