Other conditions Board decisions

The Board has reopened the appellant's claim to establish legal entitlement to VA death compensation benefits, but finds that her deceased spouse did not have qualifying service and is therefore not a veteran. As such, she does not meet the threshold requirement for establishing eligibility for VA death compensation benefits.

The Board denied the veteran's petition to reopen his claim for service connection for carcinoma of the colon with colostomy and diverticulitis due to radiation exposure, finding that he was not exposed to ionizing radiation during service. The RO subsequently denied this petition in August 2002 and December 2002.

The Board has denied a disability rating in excess of 10 percent for the veteran's residuals of a skull fracture, with misdirected regeneration of the left facial nerve. The issue of entitlement to a compensable initial rating for temporomandibular joint syndrome is pending and must be remanded.

The Board has determined that the veteran's current back disabilities are related to his military service, and thus grants service connection for these conditions.

The Board has remanded the case for further development, including a new examination of the veteran's left ankle and notification to the veteran regarding his service-connected left heel fracture residuals.

The veteran's claim for an increased rating for conjunctivitis is denied as there is no evidence of active trachomatous conjunctivitis or a complete loss of eyelashes, which would warrant higher ratings.

The Board denied a rating in excess of 20 percent for the veteran's shrapnel wound to the right buttock area, finding that it did not meet the criteria for moderately severe impairment. A separate 10 percent rating was granted for the sciatic nerve contusion.

The Board denied the veteran's claims for service connection for reflex sympathetic dystrophy of the right upper extremity and an increased rating for residuals of excision of ganglion and scar tissue of the right hand. The evidence did not support a finding that the claimed condition was related to service or a service-connected disability.

The Board found no current dental condition related to in-service dental trauma, nor is there any other current dental condition otherwise related to the veteran's military service. The appeal for service connection for residuals of in-service dental treatment, claimed as jaw pain, was denied.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for defective vision, including cataracts. The veteran's current condition of cataracts in both eyes was noted, but his best corrected vision is no better than 5/200.

The Board has denied the veteran's claims to reopen his service connection claims for fatigue/weakness and lactose intolerance, finding no new and material evidence.

The veteran's claims for service connection for skin tumors on the chest and back, as well as a skin disability of the hands and feet, were reopened. The claim for residuals of a fracture of the left arm was also reopened.,However, the claim for residuals of a shell fragment wound (SFW) of the left leg remains denied.

The VA denied the veteran's increased rating claim for his service-connected eye disability, currently rated at 30 percent.

The Board has remanded the case for clarification on whether the veteran had a soft tissue sarcoma and if it is related to service. The claim will be reconsidered based on both herbicide exposure and direct service connection.

The Board finds that the veteran's total occlusion of the right carotid artery resulted from VA treatment, leading to additional disability. As such, compensation under 38 U.S.C.A. § 1151 is granted.

The Board granted a 30 percent rating for the veteran's Schamberg's disease of the lower extremities as of February 2, 2005.

The veteran's service-connected right foot disabilities, including residuals of bunion surgery and fractures of the second and third toes, are currently rated at 20 percent. The appeal is granted.

The Board denied the veteran's claim for an earlier effective date of September 7, 2001 for the grant of service connection for schizoaffective disorder.

The veteran's request for a waiver of the recovery of an overpayment of VA improved pension benefits in the amount of $4,800 was denied. The case is being remanded to issue a Statement of the Case and schedule a Travel Board hearing.

The Board denied the veteran's claims for a compensable evaluation for her service-connected idiopathic edema of the lower extremities and denied her secondary service connection claims for hypertension and residuals of a stroke, finding that there was no evidence to support these claims.