Other conditions decisions — 2000

The Board has denied the veteran's claims for earlier effective dates and increased ratings, as well as his claim for a total disability rating based on individual unemployability. The issues of entitlement to an increased rating for service-connected laceration of the dorsum of the right hand with a tender scar and multiple reconstructive tendon surgeries of the right hand secondary to laceration with reflex sympathetic dystrophy are pending further development.

The Board denied the veteran's claims for service connection for arthritis of the neck, back, and right hip as there was no competent medical evidence linking these conditions to his military service.

The Board denied the veteran's claim for an increased disability rating for his service-connected right knee disorder, finding that the evidence did not support a higher rating based on functional impairment or limitation of motion.

The Board has determined that the claim for service connection for disability of the spine and back is well-grounded. The veteran's claims for residuals of a concussion and skull fracture, bilateral leg disability (other than chondromalacia), bilateral arm disability, bilateral shoulder disability, and bilateral hand disability are not well grounded.

The Board denied the appellant's claims for service connection for the cause of the veteran's death secondary to tobacco use in service and nicotine dependence arising in service, finding that her claims were not well grounded.

The Board determined that the appellant is not entitled to recognition as the surviving spouse of the veteran due to a lack of credible evidence showing a valid marriage between them.

The veteran's claims for increased evaluation and a total disability rating based on individual unemployability due to service-connected disabilities were denied. The veteran has been granted a 40 percent evaluation for postoperative gastrectomy-gastrojejunostomy residuals, but the combined rating does not meet the criteria for a total disability rating.

The Board has determined that a compensable evaluation of 10 percent is warranted for the veteran's residuals of a gunshot wound to the right foot, including degenerative joint disease.

The Board has determined that the veteran's current right eye condition is not related to his period of service and therefore denied his claim for service connection.

The veteran's service is not considered active military, naval or air service for purposes of VA nonservice-connected death pension benefits.

The veteran's claim for an earlier effective date for a 10 percent disability evaluation for his service-connected residuals of left and right tibial fractures is denied. The RO reduced the ratings from noncompensable to 10 percent in December 1998, effective August 13, 1998.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran due to a lack of evidence showing that the veteran is deceased and that the appellant was married to him.

The veteran's claim for TDIU is being remanded due to the need for additional examinations and information.

The Board has determined that the veteran's claim for service connection for residuals of a left leg injury, including chondromalacia of the patella, is not well grounded. The evidence does not establish a nexus between the current disability and active service.

The Board denied the appellant's request for waiver of recovery of an overpayment of pension benefits because it was not timely filed.

The VA denied an increased rating for the veteran's service-connected skin disorder, currently evaluated as 10 percent disabling. The condition is manifested by multiple flesh-colored papules and tags on various parts of his body.

The Board denied increased ratings for callous formation with right hallux valgus deformity and skin thickening with left hallux valgus deformity, as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the veteran's claims for service connection were not well-grounded and denied them.

The veteran's claim for an increased evaluation for his shell fragment wound of Muscle Group XI with retained foreign bodies has been dismissed due to the death of the veteran.

The Board found no evidence to support the veteran's claims for service connection of a right leg disorder or residuals of a deviated septum, and denied his claim for an increased rating for his service-connected right elbow disability.