Other conditions decisions — 2004

The veteran's appeal is being remanded for a VA examination to determine the current nature and severity of his alleged chronic bilateral ear lavage-related injuries. The benefits sought on appeal will be readjudicated after this examination.

The Board found that there is no evidence of a current low back disability or right leg disability, and the veteran's reported in-service injuries are not supported by service medical records. The VA examinations did not show any connection between his current disabilities and his military service.

The Board denied a compensable evaluation for post-operative residuals of a deviated nasal septum, finding that the veteran's airways were reasonably clear and did not meet the criteria for a 10% rating under Diagnostic Code 6502.

The Board found that the veteran's residuals of a gun shot wound to the right forearm do not warrant an increased rating beyond 10 percent, as there is no evidence of nonunion or malunion of the ulna. The current disability does not meet the criteria for higher ratings under other relevant diagnostic codes.

The Board denied the appellant's claim for death benefits as the surviving spouse of the veteran due to a legally valid divorce between the veteran and the appellant in Florida.

The Board has decided to remand the case for additional development, including obtaining medical records and ensuring compliance with notification requirements under the Veterans Claims Assistance Act of 2000.

The RO determined that the evidence did not show that the appellant's marriage to the veteran met the requirements for basic eligibility, and denied her claim of recognition as a surviving spouse.

The Board found that the veteran's current right hand disability is not related to his service, specifically the 1966 stab wound to his forearm. The preponderance of evidence does not support a finding that the current condition is linked to service.

The Board has determined that the veteran's chronic costochondritis was incurred in service and granted service connection for this condition.

The Board denied the veteran's request for an extension of her delimiting date for Chapter 30 educational assistance benefits, finding that there was no legal authority to extend the delimiting period due to reasons other than medical infeasibility.

The Board found that the veteran's respiratory and cardiovascular disabilities were not incurred in or aggravated by his active duty service. The VA records do not show any asbestos exposure during service, nor does there appear to be a link between the current disabilities and service.

The Board found that the veteran's bilateral eye disability did not worsen as a result of VA surgical treatment in April and May 1990, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The RO denied an increased disability rating for varicose veins in the left leg, currently rated at zero percent. The case is being remanded to obtain additional medical evidence and re-adjudicated.

The Board denied the veteran's claims for increased evaluations and service connection, finding that a 40 percent evaluation was warranted for severe muscle injury to Muscle Group XX (in the thoracic region) resulting from a gunshot wound to the back. The veteran's claim for service connection of his resection of the 11th rib was denied as well.

The veteran's application for VA education benefits under the Montgomery GI Bill was denied because he did not meet the eligibility criteria based on his service dates.

The veteran's claim for an initial compensable disability rating for residuals of an injury to the right 4th finger and residuals of a fracture of the right 5th metacarpal was denied by the Board.

The Board found no evidence of a current gastrointestinal disability and concluded that the veteran's service-connected malaria did not cause his claimed gastrointestinal condition.

The Board has determined that the veteran's post traumatic stress disorder is service-connected, as his symptoms are linked to in-service stressors experienced during military service.

The Board denied an increased rating for pterygium of the right eye as there was no evidence showing that it caused any visual impairment.

The Board found that there is no additional dental disability resulting from the unnecessary extraction of teeth by VA in 1948, and thus denied the veteran's claim for compensation under 38 U.S.C.A. § 1151.