Other conditions Board decisions

The veteran's cerebral stroke was caused by his well-controlled hypertension, which worsened due to a change in medication. The Board found that VA did not cause the veteran's additional disability and thus denied compensation under 38 U.S.C.A. § 1151.

The VA has determined that the veteran's head injury residuals do not warrant a rating higher than 10 percent, as they are manifested by subjective symptoms only and do not meet criteria for more severe disability ratings.

The Board denied the appellant's claims for service connection for adenocarcinoma of the right nasal cavity and eye, finding no competent medical evidence showing that these conditions were present during or within one year following his active duty.

The VA has determined that the veteran's dementia, status post anoxic brain injury does not warrant a rating higher than 70 percent due to occupational and social impairment with deficiencies in most areas.

The Board has granted service connection for the cause of death due to cholangiocarcinoma, which is considered a direct result of active service. The claim for service connection for cholangiocarcinoma was denied at the time of the veteran's death.

The Board denied the veteran's claims for increased rating of his left hip disability and service connection for nerve impairment and muscle cramping of the bilateral lower extremities, finding that he did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has determined that the veteran's current right acromioclavicular joint disorder is related to his in-service injury, and thus service connection for this condition is granted.

The Board denied the appellant's claim for retroactive DIC benefits from June 1945 to August 1973, finding no legal basis and that he does not have standing to pursue a CUE argument.

The Board has determined that recovery of the overpayment would not be against equity and good conscience, thus denying the appellant's claim for waiver of the recovery of an overpayment of compensation benefits.

The Board denied service connection for a gunshot wound to the right leg and did not reopen the claim for spinal defect, kyphosis (claimed as scoliosis, back problems).

The Board denied the veteran's claims for a compensable disability rating for his left spermatic varicose vein, special monthly compensation based on loss of use of a creative organ, and service connection for varicose veins of the right lower extremity. The claim for service connection for varicose veins of the left lower extremity was not addressed as it is related to issues unrelated to service connection.

The veteran's application for enrollment in the VA healthcare system was denied due to his non-service-connected status and high income, as well as his failure to apply prior to January 17, 2003.

The Board has determined that the veteran was on authorized inactive duty training at the time of his MVA in September 1969, which resulted in a fractured left elbow and a fractured left leg. As such, he is entitled to benefits under this regulation.

The Board has ordered a remand due to the inadequacy of the July 2003 VA examination, which did not adequately consider the history and attendant circumstances of the shrapnel injury to the right arm. The veteran should be afforded an additional VA examination that includes a complete review of all records associated with the claims file.

The Board found no evidence to support the veteran's claims of service connection for a foot disorder or an eye disorder, including any exposure to harmful substances during service. The preponderance of the evidence does not link current disabilities to military service.

The Board found that the veteran's brain damage was not caused by treatment received at a VA medical facility from May 4, 1996 to July 11, 1996. The claim is denied.

The Board has determined that a rating in excess of 40 percent for the veteran's thoracic spine disability is not warranted based on the evidence provided.

The Board has denied an increased initial disability rating for right leg varicose veins, status post stripping, as the evidence does not support a higher evaluation.

The veteran's service-connected injury to Muscle Group XI as a residual of a shell fragment wound (SFW) to the right knee with retained metallic fragments is rated at 30 percent. The veteran also has instability and arthritis in his right knee, but these are not separately compensable.

The Board has granted service connection for a pterygium of the left eye and dry eye syndrome, but denied service connection for chest pain and weakening stromal endometrium. The veteran's complaints of chest pain during service were not diagnosed as a disability, while her current complaints of abdominal pain are associated with a diagnosed condition (weakening stromal endometrium). Her pterygium and dry eye syndrome began during service.