Other conditions decisions — 2006

The Board has granted service connection for peptic ulcer disease based on the veteran's status as a former POW. The veteran is also granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board denied the appellant's claim for death benefits as the surviving spouse of a deceased veteran due to lack of verified service in the U.S. Armed Forces.

The veteran's appeal is being remanded for further development, including providing proper VCAA notice regarding disability ratings and effective dates.

The Board found that the veteran's base of the tongue cancer was not manifested during service or within one year post-service, and is not shown to be related to service (including exposure to Agent Orange). Therefore, service connection for residuals of squamous cell carcinoma, base of the tongue is denied.

The veteran's claim for an increased rating for residuals of fractures of the right tibia and fibula was granted, with a final effective date of December 17, 2001. The thoracic spine disability was also granted but assigned a noncompensable rating.

The Board has denied the veteran's claims for service connection for bilateral shin splints and gastrocnemius strain due to a lack of current disabilities.

The veteran's claim for service connection for a dental injury is being remanded due to the need for additional development, including obtaining missing service medical records and possibly a VA examination.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 as a child of a Vietnam veteran born with spina bifida due to lack of evidence showing a diagnosis other than spina bifida occulta.

The Board has reopened the veteran's claim for service connection of basal cell carcinoma (other than the neck) and actinic keratosis. The RO should obtain a VA medical opinion to determine if these conditions are related to active military service, including sun exposure over his 30-year career.

The Board denied the veteran's claim for waiver of overpayment of VA compensation benefits, finding that recovery was not against equity and good conscience.

The Board denied an earlier effective date for a 60 percent rating for post-operative laryngeal carcinoma with speech impairment, finding that the veteran's condition did not warrant such a rating prior to June 12, 2003.

The Board has determined that there is no current disability related to the in-service insect bite, and thus service connection for an allergic reaction to an insect bite cannot be granted.

The Board denied the veteran's claims for earlier effective dates and increased ratings for his service-connected chondromalacia patellae, finding that there was no factual basis to grant such prior to October 15, 2003.

The Board found that the appellant does not currently have Cushing's syndrome or osteoporosis, and thus denied service connection for these conditions.

The veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected peptic ulcer disease. The case will be readjudicated after these actions.

The November 1960 rating decision denied service connection for retinal degeneration, concluding that the condition existed prior to service and was not aggravated by military service.

The Board has determined that the veteran's chronic conjunctivitis does not warrant a rating in excess of 10 percent, as it is intermittently active without additional residual disability found on examination.

The Board has determined that the veteran's residuals of a shell fragment wound to the right arm with right radial nerve palsy are currently rated at 30 percent, which is the maximum available rating. The evidence does not support an increase in this rating.

The veteran's appeal is being remanded for additional development, including a new VA examination and correction of VCAA notice.

The Board has determined that the veteran's right maxillary ameloblastoma is related to his military service, including herbicide exposure in Vietnam. The appeal for service connection was granted.