Other conditions decisions — 2005

The Board has granted service connection for chronic post-operative right rotator cuff tear residuals and right biceps tendon rupture residuals, finding that these conditions are proximately due to or the result of the veteran's service-connected left hand ulnar nerve paralysis with musculature atrophy.

The Board has determined that the veteran's right Achilles tendon rupture disability does not warrant a rating higher than 20 percent, as there is no evidence of ankylosis or severe foot injury.

The veteran's skin and intestinal disorders were not found to be related to his military service, including exposure to herbicides. His PTSD was granted but a higher rating for it is denied.

The veteran's gynecological disorder, manifested by pain with heavy and irregular bleeding, is currently rated at 30 percent. The issues regarding gastroesophageal reflux disease and bronchial asthma have been withdrawn.

The veteran's claim for a higher initial evaluation for her sacroiliac deformity is being remanded to the RO for further development, including consideration of new rating criteria and a VA examination.

The Board has determined that the cause of the veteran's death was not service-connected, as there is no evidence indicating a relationship between his service-connected disabilities and his death.

The veteran's appeal is being remanded for further development, including medical examinations to determine the degree of additional disability due to his service-connected condition and whether he is unemployable solely as a result of his service-connected disabilities.

The veteran's request for waiver of overpayment of education benefits was not timely filed, and therefore the claim is denied.

The Board found that the veteran's loss of vision in his left eye was not due to negligence or fault on the part of VA medical providers, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for an initial compensable evaluation for his service-connected left inguinal hernia, finding that it has not required surgical intervention and is reducible.

The Board has reopened the appellant's claim for service connection for the cause of her husband's death due to new and material evidence. The medical opinion provided a dose estimate based on a scientific reconstruction, concluding that the veteran likely did not receive significant radiation exposure during his time in Japan. As such, the claim is granted as there was no substantial evidence linking the cancer to military service.

The Board has remanded the case for additional development, including obtaining medical records and conducting an eye examination to determine if any current right eye disability had its onset or increased in severity during active duty.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that his symptoms were part of the normal healing process and not caused by negligence or carelessness on VA's part.

The Board found that the evidence does not establish beyond a reasonable doubt that the veteran knowingly submitted false documentation concerning his VA benefits, thus denying forfeiture of his rights and claims.

The veteran died in December 2000 and there was no claim pending at the time of his death for which accrued benefits could be paid. The appellant's claim for an earlier effective date for Crohn's disease was denied, and she did not file a notice of disagreement with this decision.

The VA denied the veteran's claims for increased ratings for his left hip and low back disabilities. The evidence did not show more than moderate disability in either condition.

The Board has determined that the veteran's arthritis of the thoracic spine is not related to his military service.,The Board also found no evidence linking the veteran's peripheral vascular disease to his military service.

The veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his combined 60% rating, but he is not shown to have an acquired psychological disorder due to head trauma.

The Board has determined that the veteran incurred a chronic ulcer in service, which led to a sub-total gastrectomy. As such, the claim for service connection is granted.

The VA denied an increased disability rating for the veteran's right knee condition, finding that the evidence did not support a higher evaluation than the current 20 percent.