Other conditions decisions — 2002

The Board has denied the veteran's claims for service connection for respiratory and skin disabilities, finding no chronic disease or residuals of in-service conditions.

The VA determined that the appellant did not have valid military service in the U.S. Armed Forces, thus denying his claim for basic eligibility for VA benefits.

The Board denied the veteran's claim for a rating in excess of 10 percent for residuals of cholecystectomy with incidental appendectomy, finding that his symptoms are no more than mild.

The veteran's service-connected healed fracture, left tibia is currently rated at 30 percent. The Board has determined that the evidence approximates a 60 percent rating due to chronic residuals consisting of severe painful motion or weakness in the affected extremity.

The VA has determined that the veteran's residuals of a gunshot wound to Muscle Group XIX, with scars and damage to the abdominal wall, warrant a 30 percent evaluation.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran for Dependency and Indemnity Compensation (DIC) benefits due to her divorce from the veteran at the time of his death.

The Board found that the veteran's incontinence as a result of radical prostatectomy surgery was not service-connected and denied compensation under U.S.C. 1151.

The Board has determined that the veteran's service-connected right inguinal and femoral hernias do not warrant a higher disability rating than the current 20 percent, as his symptoms are not consistent with the criteria for a 30 percent rating.

The veteran's claim for an earlier effective date for a total rating based on individual unemployability due to service-connected disabilities was denied. The RO found that the evidence did not reflect receipt of an informal claim prior to March 25, 1999 or factual ascertainability of entitlement within one year prior to this date.

The Board denied the appellant's claim of entitlement to service connection for the cause of her husband's death, finding that there was no medical evidence linking electromagnetic fields exposure during active service to his glioblastoma multiforme.

The Board found that the veteran's claimed allergies were not incurred in or aggravated by service and denied his claim.

The Board has determined that the veteran's service-connected patellar disabilities do not warrant an increased rating as they are currently rated as noncompensable.

The Board denied a compensable evaluation for the veteran's bilateral pterygia, finding that his vision loss was due to age-related macular degeneration and not related to the history of pterygia or excisions.

The Board denied the veteran's claims for increased ratings for salpingitis eustachian and status post-colon resection for colon cancer, finding that there was no evidence of current disability or symptoms.

The Board denied the veteran's claim for an effective date earlier than May 27, 1993 for the assignment of a 60 percent evaluation for residuals of a shell fragment wound (SFW) of the right hip based on clear and unmistakable error (CUE) in a March 1976 RO rating decision.

The Board has granted a higher rating of 30 percent for the veteran's service-connected residuals of shrapnel wound, left upper arm and shoulder, which is the maximum schedular evaluation available under Diagnostic Code 5302.

The Board denied the veteran's claim for service connection for perforated tympanic membrane as there was no evidence of current chronic disability related to service.

The veteran disagrees with the denial of service connection for peptic ulcer disease, asthma, sinus disorder, defective vision with cataracts, malnutrition, malaria, beriberi and dysentery.

The Board has denied the veteran's request for a waiver of recovery of an overpayment of $15,334 in pension benefits due to his intentional failure to report earned income. The decision states that this constituted bad faith and thus precluded waiver.

The veteran's service connection claim for supratemporal retinal detachment of the right eye is granted. The veteran's claim for compensation under 38 U.S.C.A. § 1151 for the same condition resulting from a cataract extraction surgery in June 1999 is denied.