Other conditions decisions — 2002

The Board denied the veteran's claims for service connection for a disorder claimed as high fever, weakness and malaise, and for a chronic acquired psychiatric disorder and organic mood disorder. The evidence did not support these claims.

The veteran's service-connected right wrist disability, characterized by a ganglion cyst associated with ligament and cartilage tears, has been rated at 30 percent since January 1994. The RO granted an increased rating based on the current findings of these conditions.

The Board has determined that the veteran's current left hip disorder is not related to any injury or disease he incurred during his active military service, and therefore denied his claim for service connection.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no medical evidence linking the conditions that caused his death to his military service.

The veteran's claim for an increased evaluation for his residuals of shell fragment wounds of the right calf is granted, with a current rating of 30 percent.

The Board found no service connection for the cause of the veteran's death, as there was no evidence linking his death to his period of active service or any service-connected disability.

The Board denied the veteran's claims for increased evaluations for her service-connected patellofemoral syndrome of both knees, assigning a 10 percent rating in each knee. The veteran was found to have slight recurrent subluxation and pain without more severe symptoms.

The veteran's appeal has been dismissed as the appellant requested withdrawal of the appeal prior to a decision being made.

The Board has granted service connection for schizoaffective disorder effective June 7, 2002. The veteran's claim was raised in February 1993 and the RO established service connection based on new evidence submitted by the veteran.

The Board has remanded the case due to incomplete medical records and the need for further evaluation of the veteran's heart condition, as well as its relationship to his service-connected PTSD.

The Board has determined that the veteran's service-connected chondromalacia patella of the right knee warrants a 30 percent disability rating from January 1, 1998, and her left knee warrants a 20 percent disability rating. These ratings are in accordance with the criteria for moderate recurrent subluxation or lateral instability as provided by Diagnostic Code 5257.

The Board has granted service connection for cold injury residuals and assigned an effective date of May 28, 1999.

The Board denied the veteran's claim for an earlier effective date for a 10% rating for residuals of a shrapnel wound in his right elbow area, post-traumatic arthritis, and tender right epicondyle. The decision found that there was no increase in disability within one year prior to the January 23, 1997 claim.

The Board found that the veteran's squamous cell carcinoma was not incurred in or aggravated by service and could not be presumed to have been caused by exposure to radiation during service. The claim for service connection is denied.

The Board denied the veteran's claim for service connection for bilateral heel spurs, finding that the condition did not result from his military service and was unrelated to any in-service activity or event.

The VA has denied the veteran's claim for an increased initial evaluation of his service-connected recurrent cellulitis/lymphangitis, currently rated at 30 percent.

The Board has granted an effective date of May 1, 1997 for the payment of DIC benefits due to the veteran's death being related to service. The appellant filed a claim for burial benefits on July 21, 1997 and was subsequently granted service connection for the cause of the veteran's death in August 1999. She then filed her claim for DIC benefits which was granted by the RO on October 26, 1999.

The Board denied the appellant's request for an apportionment of the veteran's pension benefits, finding that the veteran was reasonably discharging his responsibility for supporting his children and there were no forthcoming benefits available to be apportioned.

The Board found that the veteran's overpayment of VA pension benefits was not against equity and good conscience, thus allowing him to keep $4,129.85 plus any accrued interest, but requiring repayment of the remaining $4,100.

The veteran's service-connected chronic left epididymitis is currently rated at 30 percent, effective November 12, 1996. The Board finds that an evaluation in excess of 30 percent is not warranted.