Other conditions decisions — 2006

The Board denied a higher rating for the veteran's residuals of a fracture of the right mandible, as there was no evidence of severe displacement or other disabling manifestations to warrant a higher rating.

The Board has reopened the veteran's claim for service connection for gastrointestinal disabilities due to new and material evidence. However, the claims are denied as there is no current diagnosis of a disease that can be presumed to have been incurred in service.

The Board denied the veteran's claims for service connection for HIV and lymphoma, as there was no competent evidence to support a finding that these conditions were incurred in or aggravated by active military service.

The Board has determined that the evidence received since the December 1982 denial of service connection for residuals of a back injury is not new and material, thus denying the request to reopen the claim.

The veteran's nasopharyngeal plasmacytoma was granted service connection as related to exposure to Agent Orange, while his left testicular cancer was denied.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, his claim for VA benefits is denied.

The appeal is remanded to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) notification requirements.

The veteran's claim for service connection for a right eye disability was remanded for further development, including an examination to determine the nature and etiology of any current right eye condition.

The Board denied service connection for the cause of the veteran's death and entitlement to DIC under 38 U.S.C. § 1151, as there was no evidence establishing an etiological relationship between cardiopulmonary arrest or pneumonia and active service, nor any injury or aggravation of an injury resulting from VA hospitalization, medical or surgical treatment, or examination that proximately caused the veteran's death.

The appeal was remanded to schedule a Travel Board hearing for the veteran.

The case is remanded for a new VA orthopedic examination to determine the nature and severity of all current residuals of the right tibia fracture, including those involving both the right knee and the right ankle.

The Board denied the veteran's claims for service connection for loss of sense of smell and taste, as well as an increased rating for residuals of a fracture of the distal nasal bone with sinusitis.

The veteran's claim for an evaluation in excess of 10 percent for neuralgia paresthetica of the left thigh was denied as the condition is manifested by some sensory loss and numbness on the lateral aspect of the left thigh, resulting in no more than mild incomplete paralysis.

The Board denied the veteran's claim for service connection for arthritis of the spine as there is no evidence that he currently has this disability.

The veteran is not entitled to reimbursement for unauthorized dental expenses incurred on September 26, 2002, as the treatment was not determined to be a medical emergency and VA facilities were available.