Other conditions Board decisions

The Board has remanded the case to the RO for further development and readjudication, specifically using the applicable statute and regulations in effect prior to October 1, 1997. The appellant's claim of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for the Veteran's cause of death will be reconsidered.

The Board found clear and unmistakable evidence that the pinched nerve in the Veteran's neck was pre-existing and not aggravated by service.

The Board found that the Veteran's hip disorders were not incurred in or aggravated by service and denied his claims.

The Board found that the Veteran's current eye disabilities are not proximately due to or aggravated by his service-connected diabetes mellitus, type II.

The Board denied service connection for mitral regurgitation and atrial fibrillation (with pacemaker) disorders as due to Agent Orange exposure, finding no evidence of a positive association between herbicide exposure and these conditions. The claim was also not granted based on secondary service connection to PTSD.

The Board found that the Veteran's current skin condition had its onset during his military service and is related to his active duty, granting service connection for a skin disorder.

The Board has determined that the Veteran's service connection for dental disability, including for VA treatment purposes, is granted due to service trauma during active duty.

The Board found that the evidence did not support an evaluation in excess of 10 percent for a left post-operative bunionectomy, as the condition was evaluated under DC 5280, which addresses unilateral hallux valgus and does not allow for higher ratings.

The Board found that the Appellant's carpal tunnel syndrome was not incurred or aggravated in service and denied his claim for service connection.

The Board found that the Veteran's claimed residuals of a head injury were not incurred in or aggravated by service, nor may they be presumed to have been incurred in or aggravated by service. The evidence received since the September 2002 rating decision does not raise a reasonable possibility of substantiating the claim for chronic residuals, contusion, right eye.

The Board has determined that the Veteran is not competent for VA benefits purposes.

The Veteran's ADEM is not service-connected due to lack of a causal relationship with the influenza vaccination received at VA. The malaria residuals do not meet criteria for a compensable evaluation.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for cause of death, including consideration of herbicide exposure and ionizing radiation exposure. The case is REMANDED for further development.

The Board has determined that the Veteran does not have a current eye disorder that is causally or etiologically related to his military service, including as secondary to his service-connected paranoid schizophrenia. The evidence does not support a finding of continuity of symptomatology and there is no medical opinion linking the current eye disorder to service.

The Veteran's appeal is being remanded for additional development, including new examinations and a statement of the case addressing all issues.

The Veteran is granted a 10 percent rating for residuals of status post stress fracture of the third metatarsal, right foot. The claim for service connection for a respiratory disorder is addressed in the REMAND portion.

The Board found that the Veteran's current right hip disability, including fracture and degenerative joint disease, is not related to his service or a service-connected condition.

The appellant is not considered the surviving spouse of the Veteran for VA death benefits purposes due to her divorce from the Veteran in 1988, which ended their marital status.

The Board has decided to remand the case for further development and consideration, including a review of the overpayment creation and any additional evidence submitted by the Appellant.

The Board has determined that the Veteran's chronic otitis media and its residuals began during his military service and are related to his active duty. As a result, the claim for service connection is granted.