Other conditions decisions — 2005

The case is being remanded to the RO for scheduling a Travel Board hearing before a Member of the Board in Chicago. The appellant's son testified at a previous hearing, but no recording was made. The appellant wishes another hearing.

The Board has dismissed the appeal because the appellant died during the pendency of her appeal, and thus the Board no longer has jurisdiction to adjudicate the merits of the claim.

The veteran's death was not caused by any incident of VA treatment, and the appellant has failed to provide sufficient evidence to show that additional disability resulted from such treatment. The claims for increased evaluations were pending at the time of his death.

The Board finds that the veteran's diagnosed actinic keratosis and basal cell carcinoma are related to sun exposure sustained during service. The claim for urinary bladder cancer is not granted as there is no medical evidence of a nexus between the condition and service, including herbicide exposure.

The Board has remanded the case due to incomplete medical records and a need for further investigation into the cause of death.

The Board found that the veteran knowingly presented false and fraudulent evidence in support of his application for VA nonservice-connected pension benefits, leading to a forfeiture of all rights under all laws administered by VA (except insurance benefits).

The Board found that the veteran's service-connected residuals, second degree burns to the eyes with residual light sensitivity and small lens opacities, do not result in vision in one eye of 20/40 or better and 20/40 or better in the other eye. Therefore, a compensable evaluation is denied.

The Board found that the veteran did not meet current criteria for payment of burial allowance due to lack of service requirements, but was potentially eligible under law in effect on December 31, 1957. The decision is denied as CUE.

The Board found that the veteran's cause of death, cerebral hemorrhage and cardiac fibrillation, was not related to his service-connected deep vein chronic thrombic phlebitis with varicose veins. The Board concluded that there is no evidence showing a direct link between the veteran's service-connected condition and his fatal conditions.

The Board found that the avascular necrosis of the right hip is not proximately due to or aggravated by the service-connected lumbosacral strain with degenerative changes, and thus denied the claim for secondary service connection. The rating for lumbosacral strain remains at 20 percent.

The Board has determined that the veteran's bilateral varicocele, which was granted service connection for in August 2001 and assigned a noncompensable rating since then, does not meet the criteria for a compensable disability rating.

The Board has determined that the veteran's current TMJ dysfunction is likely related to a fracture of the right mandible sustained in an automobile accident during military service, and thus grants service connection for these residuals.

The Board has determined that the grant of service connection for anemia secondary to non-healing abdominal wound was clearly and unmistakably erroneous, leading to its severance.

The Board denied the veteran's claim for an increased rating for his residuals, trephine, left frontal sinus condition, finding that the current disability picture does not meet the criteria for a higher (30%) rating under Diagnostic Code 6512.

The Board has determined that the veteran's current left lower extremity disability is not related to his service and therefore denied his claim for service connection.

The Board denied the veteran's claim for an earlier effective date for the grant of a total schedular rating based on loss of use of both feet and special monthly compensation, finding that the November 1998 rating decision was not the result of clear and unmistakable error.

The Board denied the veteran's claim for an increased rating for his service-connected duodenal ulcer, currently evaluated as 10 percent disabling.

The Board has granted a 20 percent evaluation for limitation of extension, right knee. The claim for an increased evaluation for internal derangement with degenerative joint disease, right knee is denied.

The Board denied the claim for service connection for the cause of the veteran's death, finding that no service-connected disability caused or contributed to his death.

The veteran claims compensation under 38 U.S.C.A. § 1151 for the residuals of a laceration of his right femoral artery resulting from surgery performed at VA in January 1993, which allegedly led to an amputation of his right lower extremity. The case is being remanded due to incomplete medical records and conflicting opinions.