Other conditions decisions — 2001

The Board denied an evaluation in excess of 50 percent for the veteran's service-connected bilateral foot callosities, finding that the condition was only mildly disabling and did not meet criteria for a higher rating.

The Board has determined that the evidence submitted since the November 1954 rating decision is not new and material, thus denying the reopening of the claim for service connection for residuals of an umbilical hernia repair.

The Board has determined that the veteran suffered a blast injury to his left ear during service, resulting in residuals and a ruptured eardrum. The claim is granted as the evidence supports this finding.

The Board has ordered the RO to obtain all outstanding records of pertinent medical examination and treatment from the West Roxbury (Brockton) VAMC for association with the claims file. The veteran's claim for service connection for phlebitis is now remanded for further development.

The Board denied the veteran's claim for service connection for left eye superior oblique myokymia, which he claimed was caused by Agent Orange exposure in Vietnam. The Board found that there is no credible medical evidence to link the condition with his military service or Agent Orange exposure.

The veteran's claim for an earlier effective date for nonservice-connected disability pension benefits prior to November 21, 1990 is being remanded due to the need to obtain additional VA records and address VCAA requirements.

The veteran's claim for an increased rating for bilateral neurosensory acoustic deficit was denied.,The veteran's claim for an earlier effective date for a 10 percent rating for residuals of avulsion of a laceration injury of the left thumb was denied.,The veteran's claim for an earlier effective date for a 20 percent rating for bilateral neurosensory acoustic deficit was granted.

The Board has determined that the veteran's claimed PTSD is not service-connected due to unverifiable stressors and a lack of medical evidence linking his current condition to confirmed in-service events.

The Board has determined that the veteran's mesothelioma is due to exposure to asbestos in service, and grants service connection for this condition.

The veteran's appeal is denied as he does not meet the basic eligibility requirements for VA pension benefits due to lack of wartime service.

The VA denied service connection for the cause of the veteran's death, concluding that there was no evidence linking the malignant histiocytoma to his military service or exposure to asbestos.

The Board has remanded the case to the RO for additional development, including obtaining medical records and scheduling an examination. The appellant's claim for a compensable evaluation for bilateral otitis externa is pending.

The Board denied the veteran's claim for service connection for chronic pancreatitis, finding that it was secondary to alcohol abuse and not incurred in or aggravated by active service.

The Board has determined that $1,451 of the overpayment should be waived due to the veteran's age and financial situation, while requiring repayment of $1,200 would not violate the principles of equity and good conscience.

The Board denied the appellant's request for waiver of overpayment of $3,854.00 in her death pension benefits due to fault on her part and lack of evidence supporting undue hardship.

The Board found that the veteran's service-connected residuals of a fractured jaw are manifested by moderate displacement of the mandible and inter-incisal temporomandibular articular motion of 35 millimeters (mm), with some evidence of pain, but without objective evidence of more severe pain or limitation of motion. As such, the criteria for an original disability rating in excess of 10 percent have not been met.

The Board denied service connection for gastric leiomyoma (with dumping syndrome) as the evidence did not establish a link between the condition and active military service, including exposure to herbicides.

The Board denied ratings in excess of the current 20 percent and 10 percent for residuals of shrapnel wounds to the left back and abdomen, respectively.

The Board denied the appellant's claims for service connection for blurred vision and dental trauma for treatment purposes. The remaining issues of PTSD, headaches secondary to a head injury, and brain damage are pending.

The Board has granted the veteran's petition to reopen his claim for service connection for a lung disorder and denied it on a de novo basis, considering all evidence of record. The case is remanded for further development.