Other conditions decisions — 2005

The veteran's surviving spouse, who was receiving death pension benefits, died in January 2003. The appellant seeks accrued benefits based on her mother's death. However, the appellant did not have a pending claim at the time of her mother's death and no monetary benefit was due and unpaid prior to her death.

The Board has determined that the veteran's current left leg and hip conditions are not related to service, and thus denied his claim for service connection.

The Board has denied the veteran's claim of service connection for chronic persistent abnormal menses, finding that there is no medical evidence to support a relationship between her current condition and her military service.

The Board denied the veteran's claims for service connection for dental trauma to teeth numbers 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 18, 19, 20, and 31 for compensation purposes as well as for purposes of dental care due to a lack of evidence showing that the loss of these teeth was caused by in-service trauma.

The veteran's service-connected status post cyst excision with right gynecomastia residuals are not shown to be symptomatic, and thus an initial compensable rating is denied.

The Board has determined that the veteran's service-connected shortening of the right 1st metatarsal with resectioning of the middle phalanx, right 2nd toe, is productive of only moderate disability as contemplated by Diagnostic Code 5283. The current 10 percent evaluation assigned for this disability adequately compensates the veteran for the present state of his impairment.

The veteran's claims for service connection for a skin disorder and respiratory disorder, as well as his initial compensable disability evaluations for hepatitis and lipomas of the abdomen and thigh, were denied. The case is being remanded to consider the application of new rating criteria.

The Board has determined that the veteran's amyotrophic lateral sclerosis (ALS) was incurred in service and granted service connection for this condition.

The Board has determined that the veteran's request for waiver of recovery of a $10,838 overpayment was timely and not barred by statute. The case is remanded to consider whether recovery would be against equity and good conscience.

The veteran's claims for service connection for colon cancer and skin disability, including claimed skin cancer, are being remanded due to the need for updated radiation dose information. The case will be readjudicated based on the new information.

The veteran's claim for an earlier effective date prior to August 27, 2002 for a grant of non-service connected pension benefits is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's idiopathic thrombocytopenic purpura was not incurred in or aggravated by active service and may not be presumed to have been incurred in service. The claim for service connection is denied.

The Board denied service connection for prostatitis and did not address the claims for PTSD or a knee disorder as they were not adjudicated by the RO.

The Board found no evidence of a current gastrointestinal disorder or duodenal ulcer disease related to service, and denied the veteran's claim for service connection.

The Board has granted a 10 percent rating for the veteran's service-connected residuals of left hand injury, 4th and 5th metacarpal joint area, effective from May 29, 2002.

The Board has denied the appellant's claim of service connection for residuals of a right hand injury, finding no current disability and insufficient evidence to establish a nexus between any such disability and service.

The Board has determined that additional development is needed to determine if the veteran's service-connected arthritis contributed to his death from a cerebral vascular accident. The case will be returned for further action.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected pension benefits due to a lack of requisite military service.

The veteran's application for enrollment in the VA healthcare system was denied due to his status as a nonservice-connected veteran and not being enrolled prior to January 17, 2003.

The Board finds that the veteran's service exposure to excessive acoustic trauma, particularly during his combat role in World War II, is likely a contributing factor to his current bilateral hearing loss. The claim for service connection is granted.