Other conditions decisions — 2000

The Board denied the veteran's claim for service connection for post-operative residuals of a nose injury, finding that his pre-existing nasal disability did not increase in severity during service.

The Board has denied the appellant's claim of entitlement to service connection for arthritis, finding that it was not incurred or aggravated by service.

The Board has granted a 10 percent evaluation for the veteran's service-connected diverticulosis and irritable colon syndrome, finding that his condition more closely approximates moderate irritable colon syndrome.

The Board has granted an initial compensable evaluation of 10 percent for the veteran's right elbow disability effective from January 3, 2000.

The Board denied service connection for myelodysplastic syndrome and bilateral eye disability due to exposure to ionizing radiation, finding no causal link between the conditions and the veteran's military service.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for residuals of a cerebrovascular accident with right hemiplegia as secondary to service-connected disabilities. The issue regarding an effective date prior to August 1, 1996, for the grant of service connection for right leg radiculopathy with foot drop is not legally meritorious.

The Board denied an increased evaluation for the veteran's service-connected left great toe disorder, finding that it is primarily manifested by X-ray findings of arthritis and painful motion, which produce no more than moderate functional impairment. The preponderance of evidence did not support a higher rating.

The Board denied a compensable evaluation for the veteran's left knee disorder, finding that the disability did not meet the criteria of any applicable diagnostic codes.

The Board denied the veteran's claims for service connection for stomach ulcers and hiatal hernia, as well as his request for a compensable evaluation for residuals of fracture of the 5th metatarsal of the right foot. The claim for service connection was not well-grounded due to lack of medical evidence linking these conditions to active service.

The Board has reopened the claim for service connection for an eye condition, diagnosed as left optic neuritis and diplopia. However, the claim is not well grounded because there is no evidence showing a nexus between the post-service diagnoses and the veteran's period of service.

The Board has determined that the veteran's claim for service connection for arthritis of the hands is not well grounded. The evidence does not show a causal nexus between the veteran's current condition and his active military service or any other service-connected disability.

The Board found that the veteran's claim for service connection for bilateral defective hearing is not well-grounded because there was no current disability in either ear meeting the criteria for a hearing loss disability as defined by VA regulations.

The Board has dismissed the appeal as to the DIC and DEA claims due to a lack of specific error of fact or law in the substantive appeal. The service connection for the cause of death claim remains pending.

The Board has determined that the veteran's service-connected supraventricular tachycardia does not meet the criteria for an increased evaluation beyond the current 10 percent rating.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claim for eligibility for VA benefits. The appeal is considered 'mixed' as it involves both service connection issues and a de novo review of the original denial.

The Board denied an increased rating for vaginitis, finding that the veteran's current symptoms are asymptomatic and not warranting a higher evaluation.

The Board denied the appellant's claim for nonservice-connected VA death pension benefits due to her spouse not having the required service for eligibility.

The Board found that the appellant intentionally misrepresented his marital status, leading to an overpayment of improved pension benefits. As a result, waiver of recovery was denied due to preclusion under 38 U.S.C.A. § 5302(c).

The Board has determined that the submission of a December 22, 1997 death certificate constitutes new and material evidence. This new evidence links to the veteran's period of hospitalization for his service-connected left ankle disability.

The Board has determined that the veteran's claims for service connection for residuals of frozen feet and arthritis are not well grounded as there is no medical evidence linking these conditions to his active military service.