Other conditions Board decisions

The Board has determined that the veteran sustained a left hand fracture during active service and continues to have some residuals of this injury, warranting service connection for residuals of a fractured left hand.

The veteran's claims for an increased rating for post traumatic stress disorder and a total disability rating for compensation on the basis of individual unemployability have been denied due to his failure to report for scheduled examinations.

The Board has determined that the veteran's right elbow disability, characterized by a fracture of the radius with minimal joint effusion and deformity, warrants a 10 percent rating. The condition is not considered to be service-connected due to its direct nature.

The veteran's claim for benefits under 38 U.S.C.A. § 1151 due to penile dysfunction is dismissed because the veteran died during the appeal process.

The Board found that the veteran's claimed arthritis is not related to his service-connected left thigh and/or left arm injuries, and denied service connection for this condition.

The Board has determined that the veteran's initial 10 percent rating for dyspepsia is proper and maintained.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for Crohn's disease. The decision also grants service connection for this condition, finding that it was incurred in service or is related to a pre-existing condition.

The Board found that the cause of death, intracranial hemorrhage, was not caused by a service-connected disability. The veteran's arteriosclerotic cardiovascular disease did not substantially or materially contribute to his death.

The Board has determined that the veteran's residuals of injury to thoracic vertebrae with arthritis (claimed as a neck injury) are manifested by symptoms that are productive of severe limitation of motion of the cervical spine but not cord involvement or symptoms requiring a neck brace. The schedular criteria for a rating in excess of 30 percent have not been met.

The Board has granted service connection for the veteran's gastrointestinal disability, including reflux esophagitis, Barrett's esophagus, and hemorrhagic gastritis. The claim for compensation under 38 U.S.C.A. § 1151 for pulmonary tuberculosis due to VA hospitalization is also granted.

The Board has granted a 20 percent evaluation for contractures of the little finger and thumb in the left hand, finding that this level of disability warrants such a rating based on Diagnostic Code 5223.

The Board has reopened the veteran's claim for service connection for a condition of the feet due to new and material evidence submitted since the May 1971 final rating decision. However, the claim cannot be granted as there is no competent medical evidence linking the current foot condition to service.

The Board has determined that the veteran's appeals for service connection were not timely filed, and thus dismissed both claims.

The Board found that the veteran's acute anterior poliomyelitis did not have its onset during service and could not be presumed to have been incurred in service. The claim was denied as there was no direct evidence linking the condition to military service.

The Board found that the veteran's squamous cell carcinoma of the right tonsil was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred. The diagnosis could not be confirmed due to lack of viable cancer cells.

The Board found that the veteran's cystic adenocarcinoma of the sinuses with pulmonary metastasis was not incurred or aggravated by active service.

The Board has granted waiver of recovery of an overpayment of $479.25 in pension benefits, finding no fault on the part of the veteran and considering it against equity and good conscience to recover this amount from a seriously ill veteran.

The Board denied the appellant's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code, prior to September 29, 1996, as he did not meet the criteria for such benefits due to his application being received more than one year before the date of receipt.

The veteran's intervertebral disc syndrome was rated at 60 percent disabling effective September 14, 2000.

The Board has determined that the veteran's lymphocytopenia and/or leukopenia is not etiologically related to exposure to ionizing radiation in service.