Other conditions decisions — 2002

The Board dismissed the veteran's appeal because he did not file a timely Notice of Disagreement (NOD) with respect to the February 1998 decision denying his request for waiver of overpayment.

The Board previously denied the veteran's petition to reopen his claim for service connection for a foot disorder. The U.S. Court of Appeals for Veterans Claims has ordered the case remanded due to procedural issues, and the veteran now wants a travel Board hearing.

The Board has remanded the case to the RO for scheduling a hearing before a member of the Board due to the appellant's request.

The Board has remanded the case to the RO for providing an SOC on whether the appellant is entitled to an effective date earlier than September 1, 1997, for the grant of DIC. The case must be returned to the Board only if the appellant perfects her appeal.

The Board has determined that the effective date for payment of additional compensation benefits for a dependent spouse should be October 1, 1978, and no earlier.

The Board has determined that the veteran's Dupuytren's contracture of the right hand is related to his active service, and thus grants service connection for this condition.

The Board denied increased ratings for dermatophytosis of the hands and feet, groin from initial grant to March 2000, and groin from March 2000. Referral for extraschedular consideration was not warranted.

The Board has determined that the veteran's current restrictive lung disease did not begin during his service and is not attributable to any inservice event, injury, or illness. The evidence does not support a finding of service connection for this condition.

The VA awarded a total rating with special monthly compensation for the service-connected bilateral eye disability effective from May 8, 2002.

The Board denied the veteran's claim for service connection for myositis, finding no competent medical evidence of current disability and concluding that there is no nexus between any diagnosed condition and military service.

The VA denied the veteran's claim of service connection for abnormal liver function tests, finding that there was no evidence showing a current disability or one incurred during service.

The veteran's lumbar spine disability, characterized by disc herniation at the L4-5 level, is productive of limitation of motion, lower extremity weakness, radiculopathy and other pain (not well managed by medication), and neurological impairment. With resolution of all reasonable doubt in the veteran's favor, the criteria for a 60 percent rating for post-operative residuals of HNP at L4-5 have been met.

The Board found that new and material evidence had not been presented to reopen the claim for service connection for stomach ulcers, as the submitted evidence did not provide a more complete picture of the circumstances surrounding the origin of the veteran's ulcer disease.

The Board has determined that the appellant's arthritis is not service-connected and his rheumatic fever does not warrant a compensable evaluation.

The Board has determined that the veteran's cataracts were not incurred or aggravated by service, and specifically denied his claim based on exposure to mustard gas during military service.

The Board denied the veteran's claim of entitlement to service connection for a skin disorder, finding that there was no evidence linking his current condition to his military service. The Board also noted that he did not serve in Vietnam and thus could not be presumed exposed to Agent Orange.

The Board finds that the veteran does not have a current disability manifested by elevated cholesterol levels and denies service connection for this condition. Service connection is granted for diabetes mellitus, but only as it relates to his borderline diabetes during active service.

The Board has found new and material evidence sufficient to reopen the claims for service connection for left and right eye disabilities, thus granting these appeals.

The Board has determined that the veteran's current right great toe disorder did not begin during service and is not related to any incident of service. As a result, the claim for service connection for residuals of a right great toe injury was denied.

The Board found that the veteran's service-connected gout does not warrant a rating in excess of 40 percent.