Other conditions decisions — 2001

The Board denied the veteran's request to restore a 20 percent evaluation for his right tibia fracture, as the evidence did not meet the criteria under Diagnostic Codes 5260 and 5261.

The Board has determined that the veteran's skin condition should have remained at a 10 percent rating from May 1, 1987 to December 10, 1998. However, an increased rating for the dermatophytosis since December 11, 1998 is denied.

The Board granted a waiver of recovery of the overpayment of VA compensation benefits, reduced by the amount apportioned to the veteran's spouse.

The veteran died due to his service-connected non-Hodgkin's lymphoma, which was not rated as compensable. The appellant seeks accrued benefits for this condition but the claim is denied because the veteran did not have a pending claim at the time of death.

The veteran's post traumatic stress disorder results in difficulty in establishing and maintaining effective social relationships, resulting in a 50% disability rating.

The Board denied the veteran's claim for an increased rating for his service-connected blepharoconjunctivitis, finding no objective findings to support a compensable disability rating.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a chronic lung disorder.

The Board denied the veteran's claim for service connection for malaria as there was no current medical evidence showing he had a disability due to malaria of service origin.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for residuals of a gunshot wound of the left foot with a healed fracture of the first metatarsal. The issue of service connection for back injury is remanded for further development.

The Board has determined that the veteran's service-connected post-operative residuals of colon polyp removal do not meet the criteria for a compensable rating, as there is no evidence of disabling symptoms attributable to this condition.

The veteran's left femoral neck fracture, resulting from a fall during his VA hospitalization in early 1996, is not considered to be the result of the hospitalization and therefore does not qualify for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the cause of the veteran's death, adenocarcinoma of the lungs, was not incurred in or aggravated by wartime service and is not presumed to have been incurred during such service. The Board also found no evidence linking the lung cancer to any inservice exposure to asbestos.

The Board found that the veteran's decreased visual acuity existed prior to service and was not aggravated by service. The slight increase in severity during service is attributed to the natural progression of macular degeneration.

The Board granted an initial (compensable) evaluation of 10 percent for residuals of a fracture of the distal phalanx right index finger, finding that functional limitation and impairment were analogous to ankylosis.

The veteran's child was born with an occipital encephalocele, not spina bifida. The claim for a monetary allowance under 38 U.S.C.A. § 1805 is denied.

The Board determined that there was no CUE in the RO decisions of August 1964 and June 1997, which assigned a noncompensable rating and a 10 percent rating, respectively, for service-connected leukoplakia of the lower lip. The decisions are final.

The VA determined that the veteran's right inguinal hernia has not been demonstrated since December 24, 1997 and thus does not meet the criteria for a compensable evaluation.

The Board has granted the veteran's request for waiver of recovery of an overpayment of nonservice-connected disability pension benefits in the amount of $3,000 due to VA's fault and the resulting undue financial hardship.

The veteran's claim for an earlier effective date for a 50% rating for bilateral impaired hearing is denied as there was no increase in disability prior to November 1996.

The Board denied the veteran's claim for an effective date prior to September 16, 1992 for a 10% disability rating for his service-connected residuals of multiple fragment wounds to the right thigh, right forearm, and back. The appeal was based on the assignment of a current 10% disability rating.