Other conditions decisions — 2008

The Board finds that the veteran's trench mouth during service was an acute and transitory disorder that resolved with treatment, leaving no residual disability. Therefore, it is denied as service connection.

The Board has determined that the veteran's current cerebellar degeneration is not related to service and therefore denied his claim for service connection.

The Board found that the evidence does not support a finding of service connection for discoid lupus, to include as secondary to medications prescribed for her service-connected hypertension. The veteran's claim for an increased rating for hypertension was also denied.

The RO determined that the July 1974 rating decision granting service connection for subtotal gastrectomy with vagotomy and assigning a 40 percent evaluation did not contain clear and unmistakable error.,The RO found that the August 1981 rating decision continuing the veteran's 20 percent disability rating for subtotal gastrectomy with vagotomy contained clear and unmistakable error.

The Board has determined that the veteran does not have a current disability of left inguinal hernia and therefore, service connection for this condition is denied.

The Board has remanded the case for compliance with notification requirements and to address both the cause of death claim and the special monthly pension issue.

The Board denied the veteran's claims for service connection for a left hand disability and increased ratings for cervical spine, right upper extremity radiculopathy, and left upper extremity radiculopathy. The evidence did not support the presence of a current left hand disability or establish a nexus between any current disabilities and service.

The Board denied service connection for PVD of the upper and lower extremities, as well as CAD and bilateral hearing loss. The examiner found no direct link to service or any other condition.

The Board denied the veteran's claim for service connection for pituitary adenoma, finding that it was not incurred in or aggravated by active service and is not due to an undiagnosed illness.

The RO reduced the ratings for service-connected right hip dislocation and right superior and inferior pubic rami fracture from 30% to 10%, but this reduction was improper due to lack of improvement in the veteran's condition.

The Board denied the appellant's claim for service connection for the cause of the veteran's death in January 2003. The RO granted service connection for the cause of the veteran's death effective February 24, 2003, based on new evidence submitted by the appellant. The Board found no basis to assign an earlier effective date.

The veteran's countable annual income for VA pension purposes exceeded the established maximum rate of pension payable for a veteran entitled to nonservice-connected improved pension benefits as of January 1, 2004. As such, his nonservice-connected disability pension benefits were terminated.

The Board finds that the preponderance of the evidence is against the veteran's claim of service connection for residuals of right axillary thrombectomy, claimed as a right arm injury. The lack of any evidence of continuing right arm injury for 36 years between the period of active service and the evidence showing diagnosis of a right arm injury is itself evidence which tends to show that no right arm injury was incurred as a result of service.

The Board has decided the claim of service connection for cause of death on its merits, but it is now remanded to determine if the appellant is a proper claimant under VA regulations.

The Board found no evidence of a nexus between the veteran's mycosis fungoides and his military service, including alleged herbicide exposure. The claim was denied.

The Board has decided to remand the case for further development, including obtaining VA and private treatment records, SSA disability benefits documentation, and a VA examination.

The Board denied the reopening of a claim for service connection for lupus, finding that no new and material evidence had been submitted to establish an unestablished fact necessary to substantiate the claim.

The Board has determined that new and material evidence has not been presented to reopen the forfeiture of Department of Veterans Affairs benefits, as all submitted evidence is considered irrelevant to the issue.

The veteran's paralysis of the right upper and lower extremities is not considered to be due to VA carelessness, negligence, or fault in performing a left carotid arterectomy. The risk of stroke associated with this procedure was disclosed on the consent form.

The veteran does not have familial hypopigmentation, squamous cell carcinoma, or actinic keratosis that is related to his military service. The Board finds that the preponderance of evidence is against these claims.