Other conditions decisions — 2001

The Board has determined that the appellant does not have qualifying service for VA benefits and thus lacks legal entitlement to such benefits.

The veteran died in December 1982, and his widow was awarded pension benefits. The widow died in October 1999, and the appellant returned a check for her funeral expenses to VA. The Board found that there were no accrued benefits due because the widow's pension had been discontinued as of September 30, 1999.

The veteran's squamous cell carcinoma of the left tonsil was not incurred during service or due to herbicide exposure. The claim is denied.

The Board denied the appellant's appeal as it was not filed within the required time frame.

The Board denied the veteran's claim for service connection for pericarditis in July 1998, finding no new and material evidence. The veteran appealed this decision, but the RO determined that no new and material evidence had been submitted to reopen the claim.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for a left leg disorder. The case is remanded for further development.

The VA has determined that the veteran's right thumb fracture residuals, including degenerative joint disease on X-ray study, warrant a 20 percent rating. The right clavicle fracture residuals are not rated higher than 20 percent.

The veteran's service-connected paranoid delusional disorder, grandiose and persecutory type, results in total occupational and social impairment due to severe symptoms such as gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. As a result, the veteran is entitled to a 100 percent evaluation.

The Board granted the veteran's claims of entitlement to service connection for a skin disorder and residuals of shell fragment wounds, finding that these conditions were directly related to his military service.

The Board has granted a 20 percent disability rating for the veteran's fracture of interphalangeal joint of the right great toe, effective from June 1998.

The Board denied service connection for a duodenal ulcer in April 1979, finding that the condition was not related to service. The decision is considered final and cannot be revised on grounds of clear and unmistakable error.

The Board has reopened the veteran's claim for service connection for a left eye disability due to new and material evidence submitted since the last final denial. The case is now remanded for further development.

The Board has granted a partial waiver of the overpayment, allowing the appellant to repay half ($3,630) of the $7,260 overpayment. The remaining amount is denied.

The Board has decided to remand the case for further development due to incomplete service medical records and potential need for a VA examination.

The veteran's claim for an evaluation in excess of 40 percent for failed back syndrome status post laminectomy and diskectomy at L3-L4 and L4-L5 was denied. The RO confirmed the current 40 percent rating, which is the maximum under Diagnostic Codes 5292 and 5295.

The veteran's service-connected disabilities became totally disabling prior to January 4, 1992. The VA has awarded a total disability evaluation for purposes of accrued benefits as of August 31, 1990.

The veteran's complaints related to numbness in the right arm and fingers are attributable to a known clinical diagnosis of polyneuropathy, which is not service-connected.

The veteran's claims for increased ratings for psoriasis/seborrheic dermatitis and headaches, as well as her claim of service connection for uterine fibroid tumors have all been denied. The personality disorder claim was previously denied but has now been reopened.

The veteran's claim for service connection for residuals of dental trauma to teeth, other than 9, 10, and 11 was denied. His claim for an increased evaluation for shell fragment injury to eyes with retained metal fragments is also denied.

The Board has granted a 70 percent disability rating for the veteran's somatization disorder, effective as of July 1998.