Other conditions decisions — 2000

The Board has granted an initial rating of 10 percent for the veteran's residuals of a left intercostal muscle strain/tear and costochondritis, finding that these conditions meet the criteria for such a rating. The chronic pain disorder with both psychological factors and a general medical condition issue remains unresolved.

The veteran's claims for effective dates prior to March 6, 1998, for service connection of impairment of cranial nerves V and VII were denied.,The veteran's claim for an effective date prior to January 14, 1992, for facial scarring with disfigurement was also denied.

The Board has determined that the veteran's PTSD does not meet the criteria for a rating in excess of 50 percent.

The Board found that the veteran's dysthymia was not related to his service and denied his claim.

The Board has found that the claim for service connection for basal cell carcinoma due to prolonged exposure to sunlight is well-grounded, while the claim for service connection based on ionizing radiation exposure is not well grounded.

The veteran's annual income exceeded the maximum allowable pension rate, and his improved disability pension was denied.

The veteran's claim for service connection for a respiratory disorder has been pending since 1970. The Board of Veterans' Appeals (Board) previously determined that new and material evidence had not been submitted to reopen the claim, but this decision was remanded by the Court due to procedural issues. The case is now being reviewed again on the merits with consideration of newly submitted evidence.

The veteran's appeal for waiver of recovery of an overpayment of improved pension benefits was dismissed due to his death.

The Board found clear and unmistakable error in its October 1989 decision that did not address the reduction of the veteran's rating for shell fragment wound residuals, which was subsequently reduced to zero percent. The Board now grants a restored 10% disability evaluation.

The Board denied the appellant's claim for increased death pension benefits due to her income exceeding the maximum annual rate of improved death pension.

The Board has reopened the claims for varicose veins of the right leg and peptic ulcer disease, finding new and material evidence. The effective date is January 20, 1998.

The Board denied the veteran's claims for increased disability ratings and service connection for various conditions, including a shrapnel wound to the left leg. The evidence did not support higher ratings or service connection.

The Board denied the veteran's claim of entitlement to service connection for bilateral hip dysplasia, finding that there was no evidence showing a pre-existing condition aggravated by military service.

The Board denied the veteran's claim for an initial compensable evaluation for cervicitis post-biopsies with a history of squamous metaplasia, finding no evidence of current cervicitis or other relevant symptoms.

The Board found that the veteran's current jaw disability, to the extent it exists, is not due to his own willful misconduct for compensation purposes.

The Board found that the veteran's residuals of a left tibia and fibula fracture are productive of no more than slight knee and ankle disability, thus denying an increased evaluation.

The Board found no evidence of a new disability caused by VA treatment, and denied the claim for benefits under 38 U.S.C.A. § 1151.

The veteran's service-connected depressive neurosis is currently rated at 30 percent, effective from September 9, 1999. The rating for lumbosacral strain and herniated nucleus pulposus remain denied.

The VA denied an increased rating for the veteran's hemopneumothorax, assigning a noncompensable rating initially and then a 30 percent rating effective May 5, 1999. The evidence did not show any significant lung impairment prior to May 5, 1999.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for central herniated nucleus pulposus at C5-C6 level and mild bulging annulus at L5-S1, finding that there is no competent medical evidence linking these conditions to his period of active service.