Other conditions decisions — 2002

The Board has determined that the veteran's death was caused by osteogenic sarcoma, which is presumed to be related to exposure to ionizing radiation during service in Japan. The cause of death is therefore granted.

The veteran's PTSD has been manifested by occupational and social impairment with reduced reliability and productivity, warranting a 50 percent evaluation from August 6, 1998.

The Board found no evidence of an in-service injury or acquired eye disease, and the veteran's original claims did not include any reference to an eye disorder. The preponderance of the evidence is against the claims for service connection for a left eye disability and defective vision.

The Board denied the veteran's claim for service connection for various gynecological problems, including endometriosis, menorrhagia, and vaginal cysts, finding that there was no evidence linking these conditions to her military service.

The Board has reopened the veteran's claim for service connection for residuals of frozen feet and osteoarthritis due to cold injury, finding that new and material evidence supports these claims. The veteran now has service connection for both conditions.

The Board has granted service connection for onychomycosis, but denied service connection for residuals of cold injury, bilateral feet.

The veteran's claims for increased evaluation and temporary total ratings based on hospitalization were denied. The VA examiner found moderate limitation of motion in the left ankle, warranting a 10% rating.

The Board found that the veteran does not have a disability for which compensation may be granted, as his personality disorder is not considered a disease or injury under VA regulations. The claim of service connection for a personality disorder was denied.

The Board has dismissed the appeal as no substantive appeal was received within the required timeframe for the issues of service connection for the cause of the veteran's death, benefits under the provisions of 38 U.S.C.A. § 1318, benefits under Title 38 United States Code, Chapter 35, and loan guaranty benefits.

The Board has determined that new and material evidence has been presented to reopen the appellant's claim of entitlement to recognition as the helpless child of the veteran. The appellant is now eligible for VA benefits under this determination.

The Board found that the veteran's death was not caused by a service-connected disability.,The appellant is not eligible for Dependents' Educational Assistance under Chapter 35 as she did not meet the required criteria.

The Board denied the veteran's claim for service connection for stress incontinence, finding no medical evidence showing that she has this condition or that it is related to her military service.

The Board denied service connection for left and right femur fractures, granted service connection for DeQuervain's tenosynovitis of the left wrist, epicondylitis of the right elbow, right tibial plateau fracture, and left tibial plateau fracture. The claim for a higher rating for left foot fracture remains in controversy.

The Board denied the veteran's claim for service connection for syphilis, finding no current disability and insufficient evidence linking any current condition to his military service.

The Board found that the overpayment of VA pension benefits was validly created and there was no indication of fraud, misrepresentation or bad faith. The debt is being waived as it would be against equity and good conscience to require repayment.

The Board has granted an initial rating of 20 percent for the veteran's duodenal ulcer, which was previously rated at 10 percent. The disability is characterized by moderate symptoms with recurring episodes of severe symptoms two or three times per year, averaging 10 days in duration.

The Board denied the veteran's claim for an initial rating in excess of 30 percent for deep vein thrombosis of the left arm, finding that the criteria under the old rating schedule did not meet the requirements for a higher evaluation.

The veteran's claims for service connection for various disabilities, including shell fragment wounds of the face, arms, legs, back, nose injury, right eye injury, and stroke, were denied as these conditions are not shown to be related to his military service.

The Board denied an increased evaluation for myotonia, currently rated at 10 percent. The evidence did not support a higher rating.

The Board found that the veteran's death was not caused by VA treatment and that there was no evidence of negligence or other fault on VA's part. The appeal is denied.