Other conditions decisions — 2000

The Board has remanded the case for additional medical examination and review of the claims folder to determine the appropriate disability rating for the appellant's left middle finger dysfunction.

The Board granted service connection for carpometacarpal joint arthritis-pseudarthrosis, right thumb and assigned a 20 percent evaluation effective from September 1990. The veteran's claim was resolved in his favor.

The Board found that the overpayment of Section 306 death pension benefits was not properly created due to insufficient evidence showing excessive net worth or income, and thus denied the appellant's claim.

The VA has continued the current rating of 10 percent for residuals of a fracture of the right radial head, finding that the veteran's symptoms do not warrant a higher evaluation. The hearing loss claim remains at noncompensable.

The Board has granted service connection for bursitis of the left elbow with a 10 percent initial rating. The veteran's claims for cardiovascular disability and sterility remain denied.

The Board found no objective findings or bony abnormalities attributable to the service-connected stress fractures of the right and left 1st metatarsals, thus denying increased evaluations.

The Board has determined that the veteran's claims for nicotine dependence, cancer of the larynx (claimed as secondary to smoking in service), peripheral arterial disease (claimed as secondary to smoking in service), and arthralgia of multiple joints (claimed as secondary to smoking in service) are not well-grounded. The evidence does not support a link between any of these conditions and the veteran's period of active service.

The Board denied the veteran's claim that depreciation of rental property income should be considered a deductible expense for computing countable income for VA improved disability pension benefits.

The appellant's claim for an apportionment of the veteran's VA pension benefits was denied because she and her daughter were no longer eligible due to their divorce in March 1997.

The veteran's cataract surgery on August 25, 1997 was not an emergency that would have been hazardous to his health if delayed. The VA did not authorize the non-VA hospital for this elective procedure and there were no other feasible options available.

The VA determined that the veteran's claim for compensation under 38 U.S.C.A. § 1151 for numbness as a result of VA hospitalization, medical treatment, or surgical treatment on June 2 and June 3, 1997 is not well-grounded.

The Board has determined that the veteran's service-connected right tibial stress fracture does not meet the criteria for a compensable evaluation, as there is no objective evidence of current residuals or abnormal pathology.

The Board found no evidence of a current temporomandibular joint disorder and concluded that the veteran's claim for service connection was not well-grounded.

The Board has determined that there was no clear and unmistakable error in the April 1993 RO rating decision denying service connection for the cause of the veteran's death.

The Board of Veterans' Appeals has determined that the veteran's current spastic colon syndrome is not related to his in-service amebiasis, and thus denied his claim for service connection.

The veteran's appeal was dismissed because they died during the pendency of their appeal.

The Board has granted a 10% rating for the veteran's skin disability, finding that it results in exfoliation and itching with exposed surfaces and extended areas. The higher rating is warranted as the symptoms do not meet criteria for a 30% evaluation due to lack of constant exudation or extensive lesions.

The Board denied ratings in excess of those assigned for residuals of a gastrectomy and for a ventral hernia, finding the medical evidence did not support higher evaluations.

The Board found clear and unmistakable error in its June 1959 decision denying service connection for the veteran's left recurrent laryngeal nerve paralysis due to VA medical treatment. The August 1998 decision regarding an earlier effective date is considered moot.

The veteran's decreased range of motion and stiffness in the right middle finger were incurred during service.