Other conditions decisions — 2006

The appellant is not eligible for education benefits under the Dependents' Educational Assistance (DEA) program, Chapter 35, Title 38, United States Code.

The veteran's currently diagnosed cancer of the esophagus and gastric cardia has been linked by competent medical opinion to his active military service, warranting service connection.

The Board finds that the veteran's current neck disorder is not related to service, and thus denied his claim for service connection.

The Board has determined that a 20 percent rating for traumatic arthritis and a separate 10 percent rating for scarring of the left foot are appropriate.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that cancer of the stomach with liver metastasis was not incurred in or aggravated by service and is not proximately due to a service-connected disability.

The Board found that the veteran does not have additional disability as a result of VA treatment for a pulmonary embolism in 1999, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's cardiovascular disorder, claimed as paroxysmal atrial fibrillation, was not incurred in or aggravated by active military service and denied his claim.

The Board denied service connection for left and right thigh injury residuals, as well as back and sleep disorders secondary to these injuries. The evidence did not establish current disabilities in the thighs or any chronic conditions related to service.

The Board has determined that the veteran's cardiovascular disease, first diagnosed in 1990, was not incurred or aggravated by service and is not related to his undulant fever during service. The claim for service connection is denied.

The Board has denied the veteran's claim of entitlement to service connection for squamous cell carcinoma, claimed as secondary to radiation exposure. The preponderance of evidence does not support a finding that the cancer is related to in-service radiation exposure.

The Board found that the veteran's right vocal cord damage was not caused by VA negligence or carelessness, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board has dismissed the appeal due to the death of the appellant.

The Board finds that the preponderance of evidence is against the veteran's claims for service connection for bilateral foot disorders, right and left brachio-radialis tendonitis, all secondary to his service-connected lumbosacral strain. The VA examiners' opinions are considered more credible than those from other sources.

The Board has determined that the veteran's death was not caused by or substantially contributed to by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board finds that the veteran's loss of teeth is due to an inservice head injury, and grants service connection for compensation purposes. Service connection for outpatient dental treatment purposes is also granted.

The Board has reopened the claim for service connection for arthritis of multiple joints due to new evidence submitted by the veteran, including a March 2003 medical opinion from a private orthopedic surgeon. The Board found that this evidence was material and considered in conjunction with other evidence to decide the merits of the claim.

The Board found no evidence of a current disability of the right forearm, wrist and hand except for the service-connected right index finger. The examiner concluded that there is no link between the veteran's thumb condition and his service-connected right index finger.

The veteran's positive PPD test is not considered a disability warranting service connection. Service connection for chronic epididymitis and dermatophytosis of the axilla, bilaterally, is denied. The veteran is granted an initial 10 percent rating for mild restrictive lung disease with shortness of breath.

The Board has denied the veteran's claims for higher ratings for residuals of a repair of a ruptured right Achilles tendon and sacroiliac weakness, finding that the evidence does not support the assignment of any higher rating under the applicable VA rating criteria.

The Board denied an increased rating for narcolepsy with cataplexy and did not address the earlier effective date claim for TDIU.