Other conditions Board decisions

The Board has determined that further action is required before a decision can be made on the veteran's claim for waiver of overpayment of educational benefits. The case is being remanded to the RO for clarification and additional development.

The Board determined that the veteran's death was caused by hepatic amebic abscess, which is a complication of amebiasis. Since the service medical records are unavailable and there is no medical evidence of the disease during service, the presumption of service incurrence of amebiasis cannot be applied. The rebuttable presumption provisions were satisfied as there is affirmative evidence to the contrary (the veteran lived in an endemic region for amebiasis). Therefore, service connection for the cause of death was denied.

The veteran's claim for an evaluation in excess of 20 percent for his service-connected postoperative residuals of hypermotility of the bilateral temporal mandibular joints has been remanded due to a need for additional development and examination.

The Board found that the veteran's left eye disorder existed before service and did not increase in severity during service. The right eye disorder was diagnosed as refractive error, which is not a recognized disability for VA compensation purposes.

The Board has remanded the case for additional development due to issues related to service connection for arthritis of the spine.

The veteran's claim for service connection for paralysis of the lower extremities, including as due to carbon tetrachloride exposure, is being remanded for additional development and consideration.

The Board found that the appellant's pre-existing left forearm fracture did not permanently increase in severity during his period of active duty for training, and thus denied service connection.

The Board found that the veteran's residuals of a gunshot wound to the left forearm do not meet the criteria for a rating in excess of 10 percent, as they do not involve moderate loss of deep fascia, muscle substance, or positive impairment when compared with the right forearm on tests of strength and endurance.

The Board found that the apportionment of the veteran's VA disability compensation benefits, effective from December 1996, was proper based on financial hardship and the need to provide for the support of the veteran's minor children in the appellant's custody.

The VA denied the veteran's claim of entitlement to a disability rating in excess of 10 percent for his service-connected dermatophytosis, finding that it manifested by symptoms such as a thick, crusty right thumbnail and small scaly areas on the dorsum of the right hand.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for hiatal hernia with esophageal reflux, esophagitis, and pylorus spasm. The issue was remanded multiple times due to additional development needs.

The Board denied the veteran's claims for service connection for a gastrointestinal disorder and a dental or mouth disorder, finding that his gastrointestinal condition was not incurred in service due to its preexistence during active duty training from February 1984 to May 1984. The dental condition was also found not to be related to service.

The VA denied a compensable evaluation for the veteran's service-connected left proximal tibia fracture, finding no current residuals.

The Board denied the appellant's request for apportionment of her husband's disability compensation benefits due to his reasonable provision of support.

The Board denied the veteran's claims of entitlement to service connection for a gastrointestinal disorder, including as secondary to PTSD, and an increased rating for generalized anxiety disorder (including dysthymia and PTSD). The evidence did not support these claims.

The Board found that the veteran's left eye posterior vitreous floaters were not incurred in or aggravated by service and denied his claim for service connection.

The case is being remanded to the RO for further development and consideration of the veteran's claim for non-service connected pension benefits, including compliance with VA regulations and notice requirements.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for lead poisoning, finding no evidence of current disability and noting that there is no objective medical evidence in the claims folder indicating post-service treatment for lead poisoning.

The Board found that the veteran's current eye disability, which includes loss of vision, was not incurred or aggravated by service. The preponderance of evidence did not support a finding of service connection.

The Board has determined that the veteran's claims for service connection for nasal, throat, and esophageal hernia disabilities were not supported by new and material evidence. The preponderance of the evidence is against a finding of any such disabilities being related to his active duty service.