Other conditions decisions — 2001

The VA denied the veteran's claim for service connection as there was no evidence of a perforation of the right tympanic membrane in service or at any time thereafter.

The Board has determined that the veteran's current bilateral defective hearing is due to noise exposure during his military service, and thus grants service connection for this condition.

The Board denied the veteran's claim for service connection for adenocarcinoma of the prostate, including as a result of exposure to ionizing radiation. The evidence did not support a finding that the cancer was related to service.

The veteran's appeal for service connection for alcoholism has been dismissed due to his death.

The Board has determined that the veteran's claim for service connection for emphysema as secondary to tobacco use and/or nicotine dependence was received prior to June 9, 1998. Therefore, the more liberal criteria set forth in VA General Counsel Opinion 2-93 should be applied. The evidence supports a finding of nicotine dependence acquired during service that led to continued smoking after discharge.

The Board has determined that the appellant is not entitled to service connection for the veteran's cause of death and there was no right to accrued benefits.

The Board has granted a 30 percent evaluation for the veteran's residuals of a gunshot wound to the left upper arm, based on severe injury to Muscle Group III (deltoid muscle).

The Board has reopened the veteran's claim for service connection for a skin disability and granted it, finding new and material evidence to support the claim.

The veteran's residuals of a pilonidal cyst are currently rated at 10 percent, and the appeal is granted.

The Board denied the veteran's claims for increased evaluations for his service-connected residuals of frozen feet and cold injury to the lower extremities, finding that the evidence did not meet the criteria for a higher evaluation under either the old or new rating criteria.

The Board denied the veteran's claim to reopen his service connection for spondylolisthesis, finding that the submitted evidence was not new and material.

The veteran's claim for payment of VA nonservice-connected disability pension benefits while incarcerated has been denied.

The Board denied the veteran's claim for an increased rating of his service-connected chalazion of the right lower eyelid, finding no clinical findings to support a compensable rating.

The Board has determined that the appellant does not have recognized military service with the United States Armed Forces and therefore, is not considered a 'veteran' for purposes of entitlement to VA benefits.

The VA denied the veteran's claim for service connection of a right lower leg injury, concluding that there was no direct evidence linking his current condition to his military service.

The veteran's claim for service connection for a genitourinary disorder has been reopened, but the evidence does not support reopening of his claim.

The Board denied the veteran's request for an effective date earlier than February 4, 1999 for the award of service connection for post-traumatic stress disorder (PTSD).

The Board denied the veteran's request for waiver of recovery of an overpayment of nonservice-connected disability pension benefits, finding that the fault lay with the veteran in creating the overpayment and that a waiver would result in unjust enrichment.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error due to insufficient information provided by the moving party.

The Board found that the veteran had forfeited his right to VA benefits due to his participation in the Japanese-sponsored Bureau of the Constabulary during World War II, which was considered evidence of assisting an enemy. The decision is denied.