Other conditions decisions — 2000

The veteran's appeal has been dismissed due to his death.

The veteran's claim for an increased evaluation for his service-connected bilateral pneumothorax with emphysema is being remanded due to the need for additional pulmonary function tests.

The veteran's claim of entitlement to compensation under 38 U.S.C.A. § 1151 for increased left leg disability as a result of VA treatment is found to be well grounded, and the case is remanded for further development.

The Board denied the veteran's attempt to reopen his claim for service connection for impotence, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for a higher initial evaluation and an earlier effective date for service connection due to insufficient evidence of prior claims or entitlement.

The Board denied the veteran's claim for a waiver of recovery of an overpayment of Chapter 30 benefits, finding that recovery would not be against equity and good conscience.

The Board finds that the veteran's nicotine dependence and tobacco-related chronic respiratory disability are not related to service, and thus denies the claim.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and eligibility for dependents' educational assistance under 38 U.S.C. Chapter 35, finding that there was no reasonable possibility that the veteran's lung cancer was caused by his exposure to ionizing radiation in service.

The Board denied service connection for the post-operative residuals of a benign tumor of the submaxillary gland, finding that the appellant had not presented evidence of a well-grounded claim. The appeal is dismissed as there was no clear and unmistakable error in the decision.

The Board has granted service connection for essential tremors and right hand contracture, finding that these conditions are related to active service. Service connection for generalized arthritis is not well-grounded.

The VA determined that the veteran's left knee condition, resulting in some limitation of motion and degenerative changes, does not warrant an evaluation higher than 20 percent.

The Board denied the veteran's claims of clear and unmistakable error in the October 1945, December 1948, or September 1981 rating decisions as well as his claim for a disability rating greater than 10 percent for a fragmentation wound to the right heel.

The Board found no medical evidence linking the veteran's current respiratory disorder to her service, and thus denied her claim for service connection.

The Board found that the March 1956 and March 1958 rating decisions denying service connection for a psychosis were not clearly and unmistakably erroneous.

The Board found that the appellant's claim for service connection for a birth defect manifested by speech impairment and gait dysfunction is not well grounded due to lack of medical evidence showing aggravation or increase in disability during active service.

The Board denied the veteran's claims for service connection for arthritis of the feet and an increased evaluation for his march fracture, third metatarsal, left foot. The veteran's claim for service connection was based on a direct relationship to his military service, while his claim for an increased evaluation was evaluated under the applicable rating criteria.

The Board has decided that further physical examinations and an opinion from the examiner(s) are needed to determine the severity of service-connected disabilities and their impact on employment.

The Board found that the veteran's claim for compensation under 38 U.S.C.A. § 1151 was not well-grounded, as there was no competent medical evidence linking his left footdrop and lack of circulation to VA care.

The Board found that the veteran's callus of the right first metatarsal head did not present an exceptional or unusual disability picture, and thus denied his claim for an extra-schedular evaluation.

The Board denied the veteran's claims for service connection for orchitis of the right testicle and status post left testicle torsion and eventual orchiectomy, finding that there was no clear and unmistakable evidence of pre-existing conditions in service and insufficient medical evidence to establish a link between current disabilities and service.