Other conditions decisions — 2005

The Board has denied the veteran's claim for service connection for residuals of an injury to the right middle finger, finding no competent evidence of a current disability and no nexus between any such disability and service.

The Board has found that the veteran's bilateral hip disorder, neck disorder, and calluses of the left foot are not due to or the result of his service-connected right ankle fracture.

The Board has determined that the veteran does not have spinal stenosis that is proximately due to or the result of his service-connected left hip disability.

The veteran's claim for service connection for a left hip disorder, including arthritis or degenerative joint disease, is being remanded due to the need for additional medical examination and opinion.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death, finding that squamous cell carcinoma of the tongue was not incurred in or aggravated by active service and could not be presumed to have been incurred due to herbicide exposure. The Board also found no evidence linking the fatal cancer to pre-existing conditions.

The Board found that the cause of the veteran's death was due to cardiovascular disease, which is not service-connected. The claim for DIC under 38 U.S.C.A. § 1318 was also denied.

The Board has determined that the veteran's low back disability warrants a 60 percent evaluation, reflecting significant impairment and pain.

The Board denied the veteran's request for waiver of overpayment of nonservice-connected pension benefits, finding that the creation of the overpayment was valid and that recovery would not be against equity and good conscience. The veteran is at fault in creating the overpayment due to his failure to timely notify VA of changes in his family income and marital status.

The Board denied the veteran's claims for service connection for lipoma, skin rash, gallstones (with removal of the gallbladder), fatigue, and arthritis of the spine as these conditions are not shown to be related to his military service or exposure to ionizing radiation during service.

The VA determined that the veteran's foot surgery did not necessitate an extension of her convalescent rating beyond August 31, 2000.

The Board denied the veteran's claim for service connection for myelodysplasia, finding that there was no evidence to support a relationship between his exposure to Agent Orange and the development of this condition. The preponderance of the evidence indicated that the cause of the veteran's myelodysplasia was not related to Agent Orange exposure.

The veteran's death was due to non-Hodgkin's lymphoma, which the Board found not related to service or any other in-service event. The claim for service connection based on exposure to ionizing radiation was also denied.

The Board denied higher ratings for the veteran's low back and right knee disabilities, finding that the evidence did not meet the criteria for a rating in excess of 40 percent for his herniated nucleus pulposus at L4-S1 with arthritis or 20 percent for his residuals of a fracture of the right femoral lateral condyle.

The case is being remanded to the RO for further action including notifying the veteran and his representative of the September 2002 decision, providing a form to appoint a representative, ensuring proper representation, and readjudicating the claim in light of any additional evidence.

The veteran's claim for restoration of a 100% evaluation for his service-connected aortic valve replacement with right subclavian artery stenosis, status post axillary artery bypass graft and right axillary artery endarterectomy, to include orthostatic hypotension was denied as the evidence did not meet the criteria for a 100% evaluation.

The Board found that the veteran does not currently suffer from arthritis of the hands and denied his claim for service connection.

The appellant is not eligible for VA death pension benefits as her marriage to the veteran did not meet the required criteria.

The Board has granted a 60 percent rating for the veteran's service-connected gunshot wound to the left forearm, which approximates loss of use of the minor hand. The veteran is also entitled to special monthly compensation based on his need for regular aid and attendance.

The Board has determined that the veteran's death was not caused by a service-connected condition, and thus denied his claim for service connection for the cause of his death.

The Board has determined that the veteran's service-connected left index finger disability does not warrant an increased rating beyond the current 10 percent evaluation, as there is no evidence of anklyosis or other functional loss that would justify a higher rating. The RO's decision to deny the claim for an increased rating is upheld.