Other conditions decisions — 2001

The Board denied service connection for a stomach disorder and hiatal hernia, finding no evidence of these conditions in service or their onset due to service.

The Board denied the appellant's request for waiver of recovery of overpayment of non-service connected death pension benefits, finding that recovery would not be against equity and good conscience.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied a rating in excess of 10 percent for the veteran's temporomandibular joint dysfunction, finding that his range of motion did not meet the criteria for an evaluation higher than 10 percent.

The Board denied the veteran's claim for an increased evaluation of his service-connected otitis media of the left ear, finding that there was no evidence of suppuration or aural polyps associated with his condition.

The Board denied the veteran's claim for service connection for a stomach disability, finding no evidence of a chronic condition present during or within one year after service.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for a neck disorder. The issue of whether there was clear and unmistakable error in the June 1983 rating decision denying service connection for a cervical spine disability is not before the Board at this time.

The veteran's service-connected TMJ disability was initially granted with a 20 percent rating prior to January 1, 2000. After that date, the disability was rated at 10 percent. The appeal is mixed as some issues were granted and others denied.

The Board found that the veteran's overpayment of VA non-service-connected pension benefits was created due to misrepresentation of material facts regarding his household income and net worth. As a result, waiver of recovery is precluded.

The veteran claims service connection for a back disorder, but the RO has not obtained all relevant medical records and an examination is needed to determine if his current back condition is related to service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a right foot disorder. The issue is now on its merits.

The Board denied increased ratings for the veteran's service-connected residuals of a shell fragment wound of the throat and fractured left cheek bone, as well as denying claims to reopen his claim for loss of vision in the left eye.

The veteran's service-connected urinary stricture is found to warrant a compensable rating, with the need for absorbent materials and frequent bathroom visits.

The Board has determined that the appellant's March 8, 1999 notice of disagreement was timely filed with the May 13, 1998 decision denying her claim for service connection for the cause of the veteran's death due to exposure to Agent Orange. The case is now remanded to issue a statement of the case on this issue.

The Board denied the veteran's request to reopen his claim of service connection for a shrapnel wound, left leg. The evidence submitted since 1985 was deemed not new and material.

The veteran's residuals, fracture, left tibia and fibula are currently productive of slight ankle disability with dorsiflexion from zero to 15 degrees and plantar flexion from zero to 40 degrees. The Board has granted a 10 percent rating for this condition.

The Board has determined that the appellant's service-connected residuals of a left great toe injury warrant a 10 percent disability rating, as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has dismissed the appellant's claim as not well grounded due to the prohibition of service connection for a disability on the basis that it resulted from an injury or disease attributable to the use of tobacco products in service. The carcinoma of the neck was not manifest during service or within one year of separation, and there is no evidence linking the cancer to active service.

The Board found that the veteran's dental injuries sustained in May 1970 were due to his own willful misconduct, and not incurred in the line of duty.

The VA has determined that the veteran's bilateral pterygium does not meet the criteria for a compensable evaluation based on visual acuity.