Other conditions Board decisions

The Board found that a current left foot disability, to include disability of the left great toe, was not incurred in or aggravated by active service and denied the claim.

The Board found that the veteran's service-connected duodenal ulcer, at its most severe, is manifested by recurring moderate symptoms such as pain before and after eating, nausea without vomiting, and anemia or weight loss. The criteria for a rating in excess of 20 percent have not been met.

The Board found that the reduction in the disability rating from 100% to 10% for partial left hemilaryngectomy, residual of squamous cell carcinoma of the larynx was proper. The veteran's service-connected residuals of laryngeal cancer have been recharacterized as a partial hemilaryngectomy and rated at 10%. The claimant does not meet the criteria for a rating in excess of 10%.

The Board found no evidence of ionizing radiation exposure during service and concluded that the veteran's urinary bladder cancer is not related to his military service.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for burial benefits at an increased rate due to a service-connected cause of death. The Board found that there was no evidence establishing a nexus between the veteran's adenocarcinoma of the gastroesophageal junction and his military service, particularly given the limited exposure to Agent Orange he experienced.

The veteran is requesting a waiver of the recovery of an overpayment in compensation. The case has been remanded due to unclear dates of conviction and incarceration, as well as incomplete financial information.

The Board found that the veteran did not have residuals of a cold injury to his feet, and thus denied service connection for this condition. The issue of restoring a 10 percent rating for fungal infection of the feet was also addressed but is being remanded due to missing medical records.

The Board has determined that the veteran is not entitled to service connection for a dental disorder associated with tooth number 14 for compensation purposes, and therefore, he is also not entitled to service connection for jaw and sinus disorders as secondary to this disability.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for residuals of a right ear disability, but denied the claim as there was no evidence showing the veteran's current hearing loss is related to his military service.

The Board finds that the veteran's pre-existing scoliosis was aggravated by his military service. The RO is directed to grant service connection for this condition.

The veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of the case.

The Board denied the veteran's claims of service connection for Wilson's disease, Alzheimer's disease, degenerative joint disease, and diplopia. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The veteran's claim for an earlier effective date for a 20% disability rating for duodenal ulcer was denied by the RO. The veteran argued that he should have received this rating as of November 10, 2000, when he was released from active duty service, but the RO determined that the earliest possible effective date is November 22, 2004, which is the date his claim for increased benefits was received.

The Board has denied the appellant's request for an earlier effective date of April 8, 2003, for a grant of permanent incapacity for self-support for her child over the age of eighteen. The claim was not reopened due to lack of legal basis and the RO's action is considered final.

The Board found that the veteran's service-connected conditions did not cause or contribute substantially to his death.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefits, finding that she was not legally married to the veteran at the time of his death and thus could not qualify as his surviving spouse.

The Board found that the veteran's right patella with post-traumatic chondromalacia and arthritis did not meet or approximate the criteria for a higher rating than the current 20 percent evaluation.

The veteran's request for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for clarification of his hearing preference and scheduling of an appropriate hearing.

The Board has granted service connection for the squamous cell carcinoma of the hypopharynx, finding it likely related to exposure to Agent Orange during service. The veteran's spouse is now eligible for DIC benefits based on this cause of death.

The veteran's child is awarded Level III benefits under 38 U.S.C.A. § 1805 for spina bifida, resulting in an inability to remain dry for three hours at a time during waking hours at least three times per week.