Other conditions Board decisions

The Board denied the veteran's claims of service connection for a right eye condition and an increased rating for his left eye condition. The denial was based on lack of new and material evidence for the right eye claim, and insufficient evidence to support a compensable disability rating for the left eye condition.

The Board has granted a 10 percent rating for bilateral calcaneal spurs, finding that the disability more closely approximates moderate foot injury.

The veteran's appeal for a higher evaluation for fungus infection of the feet, hands, trunk and face was dismissed because the veteran died during the pendency of the appeal.

The veteran's representative withdrew a motion seeking the Board to review its March 27, 1969 decision for CUE. The matter is dismissed without prejudice to refiling.

The Board denied the veteran's claims for increased ratings and extensions of a temporary total convalescent rating due to his left knee disorders, finding that the evidence did not support evaluations in excess of 20 percent from July 1, 1995, or an extension beyond June 30, 1995.

The veteran's service-connected right foot disability is rated at 20 percent, the highest available rating under Diagnostic Code 5284 for moderately severe foot disability.

The Board found that the veteran's cause of death, an acute myocardial infarction due to or as a consequence of carcinoma of the left lung, was not related to any incident of service, including exposure to ionizing radiation. The claim for service connection for the cause of the veteran's death secondary to exposure to ionizing radiation is denied.

The Board determined that the veteran's back injury on April 18, 1973 was incurred in the line of duty and not due to his own willful misconduct.

The Board found that the veteran's mesothelioma, which caused his death in March 1991, was not service-connected and did not result from exposure to Agent Orange. The claim is therefore denied.

The evidence does not demonstrate any residual disability attributable to the veteran's in-service head injury, and therefore a compensable evaluation is denied.

The veteran's overpayment of additional compensation for a dependent spouse has been denied as the VA had no notice of his remarriage until October 1991, and thus cannot be awarded prior to that date.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has determined that the veteran's postoperative duodenal ulcer does not meet the criteria for a higher evaluation than the currently assigned 20 percent rating.

The Board has determined that the April 3, 1986 rating decision denying a total disability rating based on individual unemployability due to service-connected disability was clearly and unmistakably erroneous.

The Board finds that the appellant's current ratings for hiatal hernia and right ear hearing loss are not sufficient to reflect the severity of his disabilities. The appellant's hiatal hernia is currently rated at 10 percent, which does not meet the criteria for a higher rating due to lack of symptoms such as dysphagia, hematemesis, or melena. His right ear hearing loss remains at zero percent.

The veteran's initial increased rating for post traumatic stress disorder was granted, and his claim for a total disability rating due to individual unemployability is considered in this decision.

The Board denied pension benefits in May 1984 and the moving party is requesting a revision of this decision on grounds of clear and unmistakable error. The motion was denied as it did not meet the pleading requirements necessary to file a motion for clear and unmistakable error.

The Board has determined that the veteran does not have any residuals of cold injury to his hands and feet, as evidenced by negative medical findings and lack of current disability.

The Board has denied the claims of service connection for malaria residuals and a shell fragment wound of the head due to lack of new and material evidence, as these issues were not properly addressed by the RO.

The veteran's service-connected urinary incontinence is rated at 40 percent, effective September 16, 1996. The Board found that the current rating adequately reflects her disability.