Other conditions decisions — 2005

The veteran's claim for service connection for dental trauma to teeth numbers 9 and 10 for the purpose of compensation was denied as there is no evidence of mandibular or maxillary bone loss, and the missing teeth were replaced by a maxillary removable partial denture.

The Board has determined that the veteran's peptic ulcer disease is not service-connected, as there is no positive association between his exposure to herbicide agents and this condition. The claim for a low back disorder remains pending.

The veteran's residuals of a gunshot wound to muscle group VII are rated at 30 percent, and his arthritis of the right elbow is rated at 10 percent. The claims for increased evaluations have been granted.

The Board found that the veteran's fatal pulmonary edema and colon cancer were not service-connected, as there was no evidence linking these conditions to his military service.

The appeal is being remanded to the RO for additional development and compliance with VCAA requirements.

The Board found that the veteran's current pulmonary/respiratory disability is not related to service, and denied his claim.

The Board has determined that the veteran's back disability warrants a rating of 30 percent effective May 14, 2005.

The Board denied the appellant's claims for service connection for the cause of her husband's death and accrued benefits based on a claim for CLL, attributing it to exposure to ionizing radiation. The Board found that there was no evidence linking CLL to active service or to exposure to ionizing radiation.

The veteran's service-connected left knee disability was previously rated at 20 percent, but a July 2005 rating action granted an increased evaluation of 30 percent effective January 1, 2004.

The Board denied the veteran's claim for a rating in excess of 10 percent for her service-connected right wrist disorder, finding that there was no evidence of ankylosis and thus not warranting any increased evaluation.

The Board finds that the veteran's narcolepsy is incurred in active military service, resolving all reasonable doubt in favor of the veteran.

The Board found that the veteran's chronic restrictive lung disease had its onset during his period of active duty service, and granted service connection for this condition on a direct basis.

The Board denied increased ratings for patellofemoral pain syndrome of the knees and ankle strains, as well as denied reopening claims for service connection for scoliosis and headaches.

The Board has remanded the case due to insufficient evidence regarding the veteran's current nerve damage and cold injury residuals, as a result of service. The veteran will need to undergo further examination.

The Board found that the veteran's vision defect during service was due to refractive error, which is not a compensable disability. The veteran did not have a current eye condition and there is no evidence of any connection between his active duty and any present eye disability.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current respiratory disability is related to asbestos exposure in service.

The VA denied an increased evaluation for the veteran's service-connected back contusion, finding that it did not meet the criteria for a rating in excess of 20 percent.

The VA denied an initial rating in excess of 10 percent for the veteran's service-connected right shoulder disability, finding that his condition has been productive of no more than moderate impairment.

The veteran's son applied for educational assistance benefits under Chapter 35, but the application was not received until October 14, 2003. The VA determined that the retroactive award of educational assistance benefits had not been met due to the late submission of the application.

The Board has granted the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the amount of $2,323.