Other conditions decisions — 2002

The VA denied the appellant's claim for basic eligibility for Department of Veterans Affairs (VA) benefits due to a lack of valid military service.

The Board has determined that the veteran's service-connected small cell carcinoma of the epiglottis does not meet the criteria for an initial compensable disability rating based on current manifestations.

The Board denied the appellant's request for a waiver of recovery of an overpayment in her VA improved death pension benefits, finding that she was not at fault in creating the debt and that requiring repayment would result in undue financial hardship.

The Board denied the veteran's claim for service connection for impotence, finding no current evidence of chronic impotence and noting that any potential link to his service-connected schizophrenia is speculative.

The Board found that the appellant knowingly made false representations concerning her claim for VA benefits and declared a forfeiture of all rights, claims, and benefits under all laws administered by VA. The appeal is denied.

The Board denied service connection for the cause of death and eligibility for Survivors' and Dependents' Educational Assistance (DEA) benefits due to lack of evidence linking mesothelioma with the veteran's service-connected conditions.

The Board has determined that the veteran's requests for waiver of recovery of overpayments were timely filed, and therefore grants the appeal.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to the decision being made.

The VA Medical Center denied reimbursement for unauthorized medical treatment provided by the Tuomey Regional Medical Center on August 21, 2001.

The Board found that the residuals of the veteran's service-connected shell fragment wound to the face warranted a 10 percent disability rating prior to August 30, 2002. Effective no earlier than August 30, 2002, the residuals are rated at 30 percent.

The veteran's claim for service connection for squamous cell carcinoma of the left vocal chord was granted with an effective date of July 29, 2000. The Board found that a prior effective date of July 29, 1996 is warranted based on VAOPGCPREC 2-93.

The Board denied service connection for skin rash of the buttocks and right leg, fatigue, sleep disorder, and aching muscles. The conditions were not found to be related to active duty.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to the severing of his external sphincter during surgery, which was considered a foreseeable consequence and not attributable to VA negligence.

The Board has determined that the veteran's claimed residuals of bilateral burst eardrums are not service-connected, as there is no evidence to support this claim and the medical records do not indicate any current residual issues related to the alleged injury.

The Board has determined that the veteran's residuals of shell fragment wounds of the right shoulder and arm do not warrant a rating in excess of the current 30 percent evaluation.

The Board denied the veteran's claim for service connection for hair loss due to an undiagnosed illness. The initial disability rating of 20 percent for joint pain was granted, effective October 4, 1996. However, the issue regarding an earlier effective date for the grant of service connection for joint pain is not before the Board.

The Board denied service connection for tendonitis and arthritis of the shoulders, finding no current disability as a result of in-service injuries.

The Board has granted a combined 40 percent evaluation for the service-connected degenerative joint disease with instability of both knees, effective from the date of this decision.

The VA has awarded separate 10 percent ratings for the veteran's right and left hip osteonecrosis. The current disability levels are considered appropriate given the effective date of the award.

The veteran's claim to establish basic eligibility for a permanent and total disability rating for pension purposes is denied as he did not meet the minimum active-duty service requirement.