Other conditions Board decisions

The Board denied an increased (compensable) evaluation for a right elbow shell fragment wound scar, finding no evidence of retained foreign bodies or shell fragments and noting the veteran's initial injury occurred during World War II service. The scar is currently shown to be superficial, freely movable, nontender, and without disability.

The Board of Veterans' Appeals has remanded the case for further development due to an error in notifying the veteran of his right to receive benefits from the service department of the VA under a specific regulation. The RO should consider whether the veteran's election to receive compensation should be applied retroactively and determine the proper date for commencement of payments and any past due benefits.

The Board has determined that recovery of the overpayment of Chapter 30 education benefits in the amount of $3,580.20 is granted due to equipoise evidence indicating it would be against equity and good conscience.

The Board denied the veteran's claim for service connection for a right elbow injury, finding that there was no evidence of such an injury during or after service and concluding that any current condition is not related to military service.

The Board has determined that the veteran's service-connected urticaria does not warrant a higher evaluation, and thus denied his claim for an initial evaluation in excess of 30 percent.

The Board denied service connection for left foot numbness and chronic shin splints. The claim of service connection for chronic left leg shin splints is granted, while the claim of service connection for left foot numbness remains denied.

The Board has granted service connection for a lung condition, as secondary to exposure to herbicides (Agent Orange). The veteran's claim is based on his contention that he developed a lung condition due to Agent Orange exposure during his military service.

The VA determined that there is no diagnosed disability characterized by leg swelling and pain or loss of feeling in toes, which were not incurred in or aggravated by active duty.

The Board found that the appellant's old compression fracture of the thoracic spine at T6 is not related to his active duty for training in 1970 and denied service connection.

The Board finds that the veteran's service-connected right antebrachial cutaneous nerve injury is productive of persistent numbness and intermittent dysesthesia, warranting a 10 percent disability rating. The evidence does not support an evaluation in excess of this level.

The veteran's claim for service connection for muscular weakness and numbness in the arms and hands was denied due to lack of evidence linking these conditions to his active duty. The Board has ordered a new examination to determine the etiology of the veteran's complaints.

The Board found that the April 1990 rating decision denying service connection for residuals of a fractured left humerus with open reduction was not clearly and unmistakably erroneous. The veteran's pre-existing condition did not undergo an increase in severity beyond its natural progression during his period of active duty.

The Board denied the veteran's claim for service connection for the cause of death due to a nonservice-connected condition, and also denied eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35, Title 38, United States Code.

The veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to assess the nature and etiology of his back injury and headaches.

The veteran's claim of service connection for residuals of a cerebrovascular accident, claimed as secondarily related to an in-service motor vehicle accident on March 11, 1961, is being remanded due to the need for additional development.

The Board has reopened the veteran's claim of service connection for spondylolisthesis at L5-S1 and granted it, finding that the evidence is sufficient to establish that the condition was incurred in service.

The RO has remanded the case for additional development due to VCAA compliance issues and clarification of representation desires.

The Board denied the veteran's claim for service connection for loss of upper and lower posterior teeth, finding that there was no evidence of a dental disorder incurred or aggravated by active service.

The Board denied the appellant's claim for additional dependency benefits for her son, who was attending school beyond age 18. The decision states that the proper claimant should have been the son himself and not the appellant.

The Board denied the veteran's claim for service connection for throat cancer, finding no evidence of a current disability or any link to active service.