Other conditions decisions — 2001

The Board denied the veteran's claims for an increased rating for dysthymia and entitlement to total disability rating based on individual unemployability due to service-connected disability, finding that her dysthymia does not meet the criteria for a higher rating.

The Board finds that the veteran's right radial nerve deficit can be characterized as no more than mild incomplete paralysis, and that his pain and functional limitation are adequately compensated by the current evaluation. As a consequence, the benefit sought on appeal must be denied.

The Board has determined that the veteran's cause of death, meningioma, was caused by exposure to Agent Orange during service and granted service connection for this condition.

The Board denied the veteran's claim for an effective date prior to January 25, 1998 for additional compensation benefits for a dependent spouse due to the retroactive provisions of the Veterans Disability Compensation and Survivors' Benefits Act of 1978.

The Board denied the appellant's request for a waiver to recover an overpayment of death pension benefits, finding that recovery would not be against equity and good conscience.

The veteran's appeal is about whether he should receive a higher disability rating for his low back disorder, and also if he qualifies for a TDIU due to his service-connected condition. The VA has ordered additional examinations and development of the case.

The appellant's service is not considered active military, naval, or air service for the purposes of VA pension benefits. Therefore, he does not have basic eligibility for non-service-connected disability or 'old age' pension.

The Board denied the appellant's request to reopen his claim for VA nonservice-connected disability pension benefits, finding that no new and material evidence had been submitted.

The VA determined that the veteran's service-connected granuloma of the right lung does not result in any respiratory impairment warranting a compensable rating.

The Board denied the veteran's claims for an increased rating for pernicious anemia and service connection for coronary artery disease. The TDIU claim is pending.

The Board has remanded the veteran's claims for service connection for squamous cell carcinoma of the left temple and corneal opacities as residuals of mustard gas exposure due to incomplete development.

The Board found no evidence linking the veteran's nervous disorder to his military service and denied service connection for this condition. The denial of service connection for a bilateral ear disorder, including left ear hearing loss, was also upheld.

The Board has granted a 30 percent evaluation for the veteran's tear of quadriceps femoris muscle of the left thigh, finding that it meets the criteria for moderately severe disability.

The Board has determined that the veteran's claim for an earlier effective date of August 24, 1992 for service connection for Systemic Lupus Erythematosus (SLE) is granted due to procedural errors in previous rating decisions.

The veteran's claim for an increased evaluation for his service-connected residuals of a lobectomy, left lower lobe, and residuals of bronchiectasis is being remanded due to the need for additional development including obtaining medical records and ensuring compliance with the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's service-connected venous insufficiency of both legs does not warrant a disability rating in excess of 10 percent since May 1994.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for postoperative residuals of right second metacarpal fracture, finding that the current 10 percent rating adequately reflects his disability.

The Board found the veteran's claim not well grounded and denied service connection for joint pain due to an undiagnosed illness as there was no record of joint pain as due to an undiagnosed illness showing a chronic disability subject to service connection.

The Board has determined that further development is needed to determine if the veteran's current eye disability was incurred during service or is related to his military service. The case will be remanded for additional examination and review of medical records.

The Board denied the appellant's claim for basic eligibility for nonservice-connected death pension benefits because her husband did not have qualifying service to establish her eligibility.