Other conditions decisions — 2000

The Board found that the veteran's claim for service connection for residuals of jaw injury is not well grounded and denied the claim.

The Board found no medical evidence linking the veteran's diagnosed myotonic dystrophy to her military service, and thus denied her claim for service connection.

The Board denied an increased rating for the veteran's service-connected bilateral varicose veins, which were rated at 50 percent prior to January 12, 1998 and currently rated as 40 percent each since that date.

The veteran's claims for increased ratings have been denied as his service-connected conditions do not meet the criteria for higher disability ratings under either the old or new rating criteria.

The Board has granted service connection for a disability manifested by numbness, shaking, weakness of the hands, hips, legs and toes (claimed as peripheral neuropathy) due to exposure to Agent Orange. The veteran's claims for increased ratings for PTSD and bilateral hearing loss, as well as his claim for TDIU are still pending.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 because there is no competent evidence showing additional disability as a result of the August 25, 1992 surgery on his left hand.

The veteran's service-connected degenerative joint disease at L5-S1 is currently manifested by severe symptoms, including significant decrease in range of motion and objective findings of pain. The Board found that the criteria for an evaluation in excess of 40 percent have not been met.

The Board denied an increased rating for the veteran's service-connected duodenal ulcer disease, finding that his condition did not meet the criteria for a higher disability rating.

The veteran is seeking a higher evaluation for his esophageal disorder, which was initially granted in June 1997. The RO assigned a 30 percent rating effective from May 20, 1993. However, the Board finds that the March 1998 VA examination report is inadequate and requires further development to determine the precise periods of time during which an increased evaluation may be warranted.

The Board has remanded the case due to incomplete records and further development is needed to determine if any left foot disorder is related to service.

The Board has determined that the veteran's varicose veins of the left leg do not warrant a rating higher than 10 percent, as there is no evidence of chronic discoloration, persistent edema or eczema, or lower extremity ulcers. The symptoms described are consistent with a 10 percent evaluation.

The Board found that the veteran's service-connected lower back disability, currently rated at 20 percent, does not meet the criteria for a higher evaluation.

The Board granted a 10 percent rating for the veteran's service-connected left knee condition, status post left medial meniscectomy with degenerative changes. The claimant was denied an increased rating for his calcific tendinitis of the left shoulder.

The Board has determined that the veteran's service-connected fungal condition of the feet warrants a rating of 30 percent, primarily due to constant itching and pain, as well as occasional exfoliation, resulting in marked disfigurement of the feet and toes.

The veteran's claim for a higher disability rating for undetermined-type cephalalgia is granted, with a 50% rating effective from the date of the decision.

The Board denied an increased evaluation for the veteran's arthritis of the right elbow and assigned a separate 10 percent rating for his postoperative scar of the right elbow. The effective date for the latter was not granted.

The Board has denied the veteran's claim of entitlement to service connection for a left hip disorder, finding that new and material evidence was not submitted since the last final denial in June 1996.

The veteran's low back disorder, characterized by chronic pain with radiation to the left lower extremity and moderate limitation of motion, has been rated at 40 percent since January 31, 1996. The Board found that his symptoms more nearly approximate the criteria for a 60 percent rating due to pronounced intervertebral disc syndrome.

The Board denied the veteran's claims for service connection for arthritis of the knees and for evaluations in excess of 20 percent for his right knee disability, as well as a compensable evaluation for his left knee disability. The appeals were based on the veteran's contention that he had arthritis secondary to his service-connected knee disabilities.

The Board denied the appellant's request for waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that his failure to report receipt of Social Security benefits was due to bad faith.