Other conditions decisions — 2004

The Board found that the veteran's residuals of a gunshot wound to the left forearm do not meet the criteria for a rating in excess of 10 percent, as they do not involve moderate loss of deep fascia, muscle substance, or positive impairment when compared with the right forearm on tests of strength and endurance.

The Board found that the apportionment of the veteran's VA disability compensation benefits, effective from December 1996, was proper based on financial hardship and the need to provide for the support of the veteran's minor children in the appellant's custody.

The VA denied the veteran's claim of entitlement to a disability rating in excess of 10 percent for his service-connected dermatophytosis, finding that it manifested by symptoms such as a thick, crusty right thumbnail and small scaly areas on the dorsum of the right hand.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for hiatal hernia with esophageal reflux, esophagitis, and pylorus spasm. The issue was remanded multiple times due to additional development needs.

The Board denied the veteran's claims for service connection for a gastrointestinal disorder and a dental or mouth disorder, finding that his gastrointestinal condition was not incurred in service due to its preexistence during active duty training from February 1984 to May 1984. The dental condition was also found not to be related to service.

The VA denied a compensable evaluation for the veteran's service-connected left proximal tibia fracture, finding no current residuals.

The Board denied the appellant's request for apportionment of her husband's disability compensation benefits due to his reasonable provision of support.

The Board denied the veteran's claims of entitlement to service connection for a gastrointestinal disorder, including as secondary to PTSD, and an increased rating for generalized anxiety disorder (including dysthymia and PTSD). The evidence did not support these claims.

The Board found that the veteran's left eye posterior vitreous floaters were not incurred in or aggravated by service and denied his claim for service connection.

The case is being remanded to the RO for further development and consideration of the veteran's claim for non-service connected pension benefits, including compliance with VA regulations and notice requirements.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for lead poisoning, finding no evidence of current disability and noting that there is no objective medical evidence in the claims folder indicating post-service treatment for lead poisoning.

The Board found that the veteran's current eye disability, which includes loss of vision, was not incurred or aggravated by service. The preponderance of evidence did not support a finding of service connection.

The Board has determined that the veteran's claims for service connection for nasal, throat, and esophageal hernia disabilities were not supported by new and material evidence. The preponderance of the evidence is against a finding of any such disabilities being related to his active duty service.

The Board has dismissed the appeal due to the veteran's withdrawal of his appeal.

The Board found that the veteran's organic brain syndrome was not incurred in service and is not proximately due to or the result of his service-connected low back disorder.

The Board has reopened the veteran's claim of service connection for a fungal infection of the feet, finding that new and material evidence supports reopening the claim. The examiner is to determine if there is at least as likely as not a relationship between the current fungal infection of the feet and service.

The veteran seeks service connection for ulcerative colitis, which he contends began during his military service. However, the RO denied his claim as there was no evidence that the condition existed prior to service or that it was aggravated by service.

The Board found that new and material evidence had not been submitted to reopen the claim of basic eligibility for VA benefits, thus denying the appeal.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of a bilateral flat foot condition, with referred pain in legs. The appeal is granted.

The Board has denied the appellant's claim for service connection for blindness in his left eye, finding that there is no evidence linking this condition to his military service or a service-connected disability.