Other conditions decisions — 2001

The Board has remanded the case due to a need for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The Board has determined that a 10 percent evaluation for bilateral defective hearing is warranted from September 14, 2001 to August 15, 2001.

The Board has determined that the reduction of the veteran's total (100 percent) disability rating for Hodgkin's lymphoma to 30 percent, effective November 1, 1994, was proper.

The Board denied service connection for defective hearing of the right ear and a compensable rating for defective hearing of the left ear. The issue regarding timely appeal for diabetes mellitus was also addressed, but no decision on this matter is provided in the text.

The Board has denied the veteran's claims for service connection for varicose veins, arthritis, and skin cancer as secondary to ionizing radiation. The RO previously denied these claims in July and November 2000.

The veteran's claim for an increased rating for his service-connected fractured right elbow was received on March 28, 1997. The effective date of the 10% rating is set to March 28, 1997.

The veteran's claim for SMC for loss of use of a creative organ was denied based on the findings of a March 1999 VA genitourinary examination. The RO is instructed to obtain relevant treatment records and provide the veteran with an opinion regarding his erectile dysfunction prior to March 1999.

The Board has determined that the current symptoms of the appellant's foreskin are related to his in-service circumcision, and thus service connection is granted.

The Board has determined that recovery of the overpayment of apportioned improved disability pension benefits would be against equity and good conscience, thus granting the waiver.

The appellant argues that his service-connected right leg disability warranted a higher rating in March and July 1949, but the Board finds no clear and unmistakable error. The appellant also contends that the February 1949 VA examination was inadequate, but this is insufficient to establish a claim of clear and unmistakable error.

The veteran's death is not service-connected, and thus he does not meet the criteria for payment of VA burial benefits.

The Board determined that the veteran's service-connected residuals of acromioclavicular separation, right shoulder, with chronic pain do not warrant a higher rating as there is no evidence of nonunion or dislocation. The current manifestations include an absence of nonunion and no indication of dislocation on recent X-ray examination.

The Board denied the appellant's waiver claim for an overpayment of death pension benefits, citing issues related to the creation and amount of the overpayment.

The Board has denied the veteran's claim for service connection for basal cell carcinoma of the left ear and a skin disorder including basal cell carcinoma of the scalp and left ear, finding that there is no evidence to support a direct relationship between these conditions and his military service.

The veteran's incomplete paraplegia with bowel and bladder incontinence is determined to be due to surgery for spinal arteriovenous malformation (AVM) at a VA facility, which aggravated his pre-existing condition.

The Board has granted an increased rating to 30 percent for the veteran's right patella fracture, finding that his disability is severe enough to warrant this higher evaluation.

The Board denied the veteran's claim for an increased rating for his service-connected brain disease due to trauma and manifested by headaches, dizziness, vomiting, and nausea. The RO had previously denied this claim in November 1998.

The veteran's claims for service connection for shin splints and stuttering were denied. The right eye disability was granted a 30% rating, headaches were not rated higher than 10%, and the neck strain condition remained noncompensable.

The Board denied the veteran's claim for an effective date prior to May 11, 1998 for service connection for ankylosing spondylitis (claimed as arthritis and back condition).

The Board denied the veteran's claim for an increased evaluation for his service-connected left leg disability, specifically residuals of a gunshot wound to Muscle Group XI. The issue was remanded due to the need for additional development and examination.