Other conditions decisions — 2001

The Board denied an earlier effective date for DIC benefits due to the cause of death being secondary to Agent Orange exposure, finding that the effective date should be April 1, 1987.

The veteran's claims for an increased rating for his service-connected left knee disability and for service connection for traumatic arthritis, secondary to his service-connected left knee disability were both denied by the RO. The veteran was asked to provide information about any healthcare providers who treated him for his left knee issues.

The VA determined that the appellant's right arm shell fragment wound does not warrant a higher rating than the current 10 percent assigned since his disability is only moderate.

The veteran's claim of entitlement to a permanent and total disability rating for nonservice-connected pension purposes must be denied as a matter of law due to his failure to report for scheduled VA examinations.

The veteran's widow is denied payment of accrued benefits for the period prior to July 1, 1997.

The VA determined that the veteran's post-aortic valve replacement condition does not warrant a rating higher than 30 percent.

The Board found no additional disability caused by VA medical treatment and denied the claim.

The Board has determined that the veteran's current skin disabilities, including actinic keratosis and squamous cell carcinoma, are due to in-service sun exposure and grants service connection for these conditions.

The Board has determined that the veteran's service-connected postoperative ventral hernia warrants a 20 percent evaluation, effective from June 1946.

The Board has determined that the veteran's residuals of a fracture of the left distal fibula meet the criteria for a 20 percent rating, as it results in marked limitation of motion. The current disability does not warrant an increased rating.

The Board found no evidence of a dysthymic disorder during service or that it was aggravated by service. The veteran's current dysthymic disorder is not considered to be related to his military service.

The Board found that the veteran's service-connected residuals of a gunshot wound, right scapula warranted a disability evaluation of 30 percent, which is the current rating for this condition.

The Board has determined that the veteran's current back disability is not related to his active service, and thus denied his claim for service connection.

The Board denied the claim for recognition of the appellant as the veteran's surviving spouse due to her having been divorced from the veteran at the time of his death.

The Board denied the veteran's claim of service connection for a left hip and left lower extremity disorder in April 1985, finding that his condition pre-existed service and was not aggravated by active duty. The veteran attempted to reopen this claim with new evidence submitted after the initial denial, but the Board found it insufficient to reopen the case.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a left eye disorder due to lack of clear medical findings. The case is remanded for a new VA examination and additional records collection.

The Board denied the veteran's claim for an earlier effective date for payment of additional compensation benefits based on his marriage to his current wife, finding that the earliest date of a claim was March 20, 2000 when he submitted a statement regarding his marital status. The RO had received evidence showing changes in the veteran's marital and dependency status after July 1991.

The Board has granted a 10 percent evaluation for the veteran's hemihypotrophy of the left lower extremity with restless leg syndrome, effective from February 1, 2001.

The veteran's claim for a compensable evaluation for lichen planus is being remanded due to the need for additional medical records and an updated VA examination.

The Board denied the veteran's request for a waiver of recovery of an overpayment of improved disability pension benefits, finding that it would not be against the principles of equity and good conscience to require repayment.