Other conditions decisions — 2001

The Board has remanded the case to the RO for determining and assigning an initial rating for service-connected post polio syndrome, following instructions from the Court.

The Board found that the veteran's left wrist disability, manifested by pain and mild sensory median neuropathy, does not warrant a rating in excess of 30 percent.

The Board has granted a 30 percent rating for the veteran's TMJ disability and found that his chronic prostatitis does not warrant a compensable evaluation.

The Board has determined that the veteran's residuals of surgery for umbilical hernia warrant a 40 percent evaluation, but not higher.

The Board found that the May 1967 and May 1971 decisions denying service connection for a pulmonary disability were correct, as they did not contain CUE.

The Board denied the veteran's request for an increased disability evaluation from 10 percent to a higher rating, finding that her right foot condition did not meet criteria for a higher rating based on moderate severity.

The Board has determined that the veteran sustained trauma to tooth number 8 during service and currently has residuals of this injury, which are considered a residual of the in-service accident.

The Board denied an increased rating for residuals of a shrapnel wound of the right lower extremity, but granted service connection and a 10 percent rating for stasis dermatitis as secondary to service-connected residuals of a shrapnel wound of the right lower extremity.

The Board found that the appellant's spouse was discharged as a deserter due to prolonged unauthorized absence, and this discharge constitutes a bar to VA benefits.

The veteran's only service in the Armed Forces of the United States was as a recognized guerrilla or in the Commonwealth Army of the Philippines. Since this does not constitute qualifying service for non-service connected pension benefits, the appellant is denied eligibility.

The veteran's claim for nonservice-connected disability pension is denied as he did not meet the basic eligibility requirements due to nonqualifying service.

The Board denied the veteran's claims for an evaluation in excess of 20 percent for his service-connected residuals of a fracture of T12 and L1 vertebrae, as well as his claim for an effective date prior to March 31, 1992, for a 20 percent evaluation. The Board found that the June 1988 rating decision establishing service connection was final, and that there was no evidence of an increase in disability within one year prior to the receipt of his claim.

The Board denied the veteran's claim for service connection for shin splints, finding no competent evidence of a present disability and concluding that the preponderance of the evidence is against the claim.

The Board has determined that additional medical evidence is needed to properly evaluate the appellant's service-connected left forearm/elbow disability, and therefore remands the case for further development.

The Board determined that the veteran was not a former prisoner of war for VA purposes based on the service department's verified service record, which did not include any period as a POW.

The veteran's daughter, [redacted], is not reasonably contributing to her support and expenses. The appellant has demonstrated financial hardship that warrants an apportionment of the veteran's VA pension benefits on behalf of [redacted]. However, the Board denied the claim as it would subject the veteran to undue financial hardship.

The veteran's right eye disability, which includes a corneal abrasion and retinal hole, is currently rated at 10 percent. The Board found that the current rating adequately reflects his condition.

The VA denied the veteran's claim for an increased rating for his left tibia fracture with left tibial eminence, currently rated at 10 percent. The evidence showed slight knee instability and pain but no arthritis or other significant functional impairment.

The Board found that the appellant misrepresented her earned income to VA, resulting in an overpayment of pension benefits. The Board concluded that this constituted a misrepresentation of a material fact and thus waived recovery of the debt.

The VA Regional Office denied the veteran's claim for service connection for the cause of his death, citing a lack of evidence linking asbestosis to his fatal heart condition.