Other conditions decisions — 2001

The Board has denied the veteran's claims for service connection for a respiratory disorder due to smoking tobacco products during his active military service and as a result of nicotine dependence incurred during such service.

The Board denied the veteran's claims for increased ratings for his left knee disability and service connection for a low back disorder and chronic digestive condition, finding that there was no evidence of additional impairment warranting higher evaluations or service connection.

The Board has remanded the case for further development, including a dermatology examination and opinion to determine if any left thigh disorder is related to active service.

The Board has reopened the claim for service connection for a somatization disorder due to new evidence showing the presence of this condition after service and linking it to military service. The case is now remanded for further consideration on the merits.

The Board has determined that the veteran's duodenal ulcer disease is inactive and does not meet the criteria for a higher rating. The left lung disability was rated at 30 percent prior to August 14, 2000, and 60 percent from that date onwards.

The Board found no clear and unmistakable error in the June 30, 1978 rating decision denying service connection for varicose veins.

The Board has granted an effective date of November 30, 1993 for the veteran's award of nonservice-connected disability pension. The decision is based on new evidence submitted by the veteran in November 1993.

The Board denied the claimant's request for waiver of recovery of overpayment of VA death pension benefits in the amounts of $399 and $12,500. The decision also noted that there was no evidence of a timely filed waiver request.

The Board has determined that service connection for a personality disorder is denied as the law precludes such a determination.

The Board found that the veteran's enlarged lymph node with metastatic poorly differentiated squamous cell carcinoma was not incurred in or related to his period of military service, including exposure to Agent Orange. The claim for service connection was denied.

The Board denied an earlier effective date for the grant of service connection for nephrolithiasis, finding that no claim was filed prior to December 19, 1991.

The VA denied the veteran's claim for an initial disability evaluation in excess of 10 percent for somatization disorder, finding that his symptoms did not warrant a higher rating based on the evidence of record.

The Board denied the claim of service connection for the cause of the veteran's death, finding no evidence linking the veteran's respiratory failure and upper GI bleed to his military service.

The veteran's spouse is seeking an apportionment of the veteran's VA pension benefits, but since the veteran has died and no longer receives pension payments, there is no legal basis for an apportionment. The Board therefore denies the claim.

The Board denied the appellant's request for an effective date prior to November 1, 1998 for DIC benefits. The decision was based on her original claim filed in April 1985 which was denied by the RO in September 1985 and not appealed within one year.

The veteran's private medical expenses from August to September 1993 were not authorized and do not meet the criteria for reimbursement or payment.

The Board has determined that the veteran's service connection for fractures of his right and left legs should be restored, effective from the date of the severance.

The Board found that there is no evidence of an etiologic relationship between the veteran's service-connected hypertension and the development of Systemic Lupus Erythematous, thus denying the claim for service connection.

The Board denied the veteran's claim for an effective date prior to November 13, 1997 for a 10% rating for residuals of a fracture of the right mandible as there was no evidence showing an ascertainable increase in disability prior to that date.

The Board denied the veteran's claim for service connection for minimal frontal lobe atrophy with short-term memory loss, finding that there was no chronic disability and no objective symptoms to support a diagnosis.