Other conditions decisions — 2004

The veteran's claim for additional right facial pain due to VA surgical treatment in July 1993 was denied as the surgery did not result in an additional disability.,Compensation is granted for decreased sensation of the ophthalmic and maxillary divisions of the right trigeminal nerve resulting from VA surgical treatment in July 1993.

The Board denied the veteran's claim for service connection for metastatic nasopharyngeal carcinoma, finding that there was no objective evidence of radiation exposure during service and concluding that the cancer is not presumed to be related to such exposure.

The Board has ordered further development due to the need for a medical opinion regarding the relationship between the veteran's claimed conditions and his military service, specifically exposure to burn pits during his time in the Gulf War.

The VA determined that the veteran does not have a current diagnosis of conjunctivitis and therefore denied his claim for service connection.

The veteran's claim for an increased evaluation for his service-connected left thalamic lacunar infarction with residual right hemiparalysis and sensory loss was denied. The current evaluation of 10% is deemed insufficient to reflect the severity of his disability.

The Board has decided to remand the veteran's claims for additional development due to insufficient evidence and incomplete information.

The Board has determined that the veteran's dental trauma resulting in the loss of eight teeth, and his deviated nasal septum, were incurred during active service. Service connection is granted for both conditions.

The veteran's appeal is being remanded for further development and compliance with the VCAA.

The Board denied an initial evaluation higher than 10 percent for right pneumothorax and left empyema, finding that the veteran's disability met criteria warranting a 10 percent rating.

The appellant's claim for VA death benefits as the surviving child of his deceased father was denied because he is not a legal qualifying child under VA regulations.

The Board has remanded the case for additional development due to the need for a VA examination and for compliance with the VCAA.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claim of service connection for a left lung condition. The decision is mixed as it involves reopening the claim, but does not definitively decide whether service connection should be granted.

The Board has determined that the veteran's educational assistance benefits overpayment of $379.17 is valid and must be paid.

The Board denied the appellant's claim for educational assistance benefits due to a lack of a valid Class II medical certificate at the start of his flight training course in January 2002, as required by VA regulations.

The Board denied the claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted to reopen the claim. The claim was based on bone cancer as the sole cause of death.

The Board found no evidence of an in-service head injury and concluded that the veteran's current disabilities are not related to his military service.

The Board has granted service connection for the veteran's residuals of a right index finger injury, finding that these residuals are related to his inservice injury.

The Board found that there was no clear and unmistakable error in the April 1973 administrative determination denying DIC to the appellant, as the evidence did not show undebatable error or manifestly different outcome.

The appellant's claim for basic eligibility for VA non-service-connected pension benefits is denied as he does not have recognized military service in the United States Armed Forces.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied his surviving spouse's claim for DIC benefits under 38 U.S.C.A. § 1318.