Other conditions decisions — 2005

The veteran's claim of service connection for a psychotic disorder was granted, and he is currently receiving a 30 percent disability rating for this condition since May 6, 1994. The issue of fibromyalgia remains pending.

The veteran withdrew his appeal before a decision was made, thus the case is dismissed.

The Board denied the claim for service connection for the cause of the veteran's death, attributing it to liver cancer which was not shown in service or within one year post-service. The Board found no evidence linking the veteran's service-connected disabilities to his death and concluded that there is no positive association between exposure to herbicides and any other condition.

The Board denied service connection for squamous cell carcinoma of the left nasal wall, maxillary sinus, ethmoid sinuses, and nasopharynx claimed as a result of Agent Orange exposure due to lack of evidence showing it was incurred during active service or as a result of herbicide exposure.

The Board has determined that there is no objective medical evidence to support the veteran's account of rib removal during service, and thus his claim for service connection for residuals of rib removal is denied.

The Board has determined that the veteran's heavy smoking during service likely contributed to his cardiovascular disease, which resulted in his death. Therefore, it is at least as likely as not that the veteran's service-connected nicotine dependence aided or lent assistance to the production of his death.

The veteran's service-connected ulcerative colitis is currently rated at 30 percent, and the Board has determined that an increased rating is not warranted. The appeal for a total disability rating based on individual unemployability (TDIU) was withdrawn by the veteran prior to the decision.

The Board denied the veteran's claim for service connection for erosive antral gastritis as secondary to his service-connected arteriosclerotic cardiovascular disease, finding that there was no current disability and no relationship between the service-connected condition and the claimed disorder.

The Board has determined that the veteran does not have a chronic dental disability for compensation purposes incurred in or aggravated during service.

The Board has granted a 10 percent rating for right TMJ dysfunction from the effective date of service connection through May 8, 2000. Effective May 9, 2000, the veteran is entitled to a 30 percent rating for his right TMJ dysfunction.

The Board has determined that the appellant's late husband did not have qualifying service in the United States Armed Forces, and therefore does not meet the criteria for basic eligibility for VA benefits.

The Board found that the veteran did not have a chronic low back disability in service or arthritis within one year of discharge, and thus denied his claim for service connection.

The Board has denied the veteran's claim for service connection for residuals of a pelvis fracture, finding that there is no competent evidence linking his current disability to an injury or disease incurred in service.

The Board denied the veteran's claim for a rating in excess of 10 percent for his service-connected shell fragment wound to Muscle Group XIV (right thigh), finding that the evidence did not support an increase beyond the current 10 percent rating.

The Board has determined that the veteran's eye disability was not incurred or aggravated during service and denied his claim for service connection.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board found no current disability concerning residuals of a right fifth finger injury from an in-service accident, and denied the veteran's claim for service connection.

The Board denied the veteran's claim for an increased rating for his left hip disability, finding that the evidence did not support a higher evaluation than the current 10 percent.

The Board has granted the veteran's claim of service connection for a right foot bunion, finding that it was incurred in service and resolving all reasonable doubt in favor of the veteran.

The Board denied the veteran's request to waive recovery of an overpayment of VA pension benefits, finding that the veteran was solely at fault in creating the overpayment and that recoupment did not result in undue hardship. The order is final.