Other conditions decisions — 2001

The Board has reopened the claim for service connection for a right leg condition and finds that it was incurred in service. The veteran currently has a scar on his right calf which is a residual of a skin lesion excised from the right calf during service. Service connection is granted for this condition. Regarding the left leg condition, the Board found no evidence to support an increase in rating beyond noncompensable.

The Board denied the veteran's claim for service connection for a hernia, finding that there was no evidence of a chronic condition in service and insufficient medical opinion to establish a nexus between his current hernia and military service.

The Board determined that the appellant did not have valid military service and therefore is not eligible for VA benefits.

The Board denied the appellant's claim for an effective date earlier than October 1, 1998 for payment of Dependency and Indemnity Compensation (DIC) benefits due to the lack of legal merit under both the old and new regulations.

The Board has determined that the reduction in rating for the veteran's service-connected Epstein-Barr infection from 20 percent to 0 percent, effective December 1, 1999, was not proper.

The Board denied the appellant's claim as she was not legally married to the veteran at the time of his death, and thus is not considered his surviving spouse for VA benefits.

The Board has determined that the veteran's service-connected left little finger disability warrants a compensable rating of 10 percent, effective from the date of his claim.

The Board found that reducing the veteran's combined rating for disability associated with a shell fragment wound to the chest from 30 percent to 20 percent was proper, as it was due to an administrative error on VA's part and did not affect any protected ratings.

The Board has granted the appellant's request for waiver of recovery of an overpayment of $4,535 in death pension benefits due to financial hardship and the need to balance the purpose of the benefits with the appellant's current financial situation.

The Board has remanded the case for additional development due to changes in the law and incomplete records.

The Board denied the veteran's claim for VA pension benefits as he did not have qualifying service to be eligible.

The Board denied an earlier effective date for the award of additional compensation based on a dependent child, finding that the earliest possible effective date is January 25, 2001.

The veteran's claim for an increased evaluation for residuals of a comminuted fracture of the left proximal humerus with partial arthrosis was denied, but his claim for an increased evaluation for residuals of a dislocation of the left hip with fracture of the left acetabulum with degenerative changes was granted.

The veteran's appeal involves multiple issues including a left mandible fracture, root canals to teeth 23 and 24, and service connection for dental trauma. The RO is directed to obtain additional medical records, schedule the veteran for VA examinations, and review his claims file in light of the VCAA.

The Board has determined that the appellant's varicose veins in the right leg are currently rated at 10 percent and does not meet the criteria for a total rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the veteran does not have a left jaw disability and therefore, service connection cannot be granted.

The veteran's appeal is being remanded for further examination and development due to new evidence and changes in the law.

The Board has determined that the apportionment of $90 per month to the veteran's former spouse on behalf of their two children was proper, given the financial circumstances and the fact that the veteran provides enough support for the children through visitation as stipulated in the divorce decree.

The Board found that the veteran does not have any residual disability from the corneal injury in service and that his current diagnoses of hyperopia and presbyopia are types of refractive error, which is not a disability for VA compensation purposes. Therefore, the claim of service connection for a left eye disorder including residuals of corneal injury was denied.

The Board has determined that a new VA examination is needed to accurately evaluate the veteran's right thumb disability, as the clinical findings from the previous VA examination are incomplete. The RO must also consider whether any additional notification or development action is required under the Veterans Claims Assistance Act of 2000.