Other conditions decisions — 2002

The Board denied the veteran's claim for an increased rating for his right femur fracture, finding that the current disability picture does not warrant a higher evaluation.

The Board denied the appellant's claim for service connection for cause of death, finding that new and material evidence had been submitted but that there was no evidence linking the veteran's cancer to service or exposure to Agent Orange.

The Board denied an increased rating for service-connected residuals of a shell fragment wound of the back, finding that there were no objective clinical findings of muscle injury or other identifiable residuals.

The Board has determined that the veteran's residuals of a gunshot wound to the left forearm do not warrant an evaluation in excess of 20 percent, and his limitation of motion of the left shoulder does not meet the criteria for a compensable evaluation.

The Board denied the veteran's claim for nonservice-connected pension benefits as he is currently employed and therefore not permanently and totally disabled.

The Board denied increased evaluations for the veteran's chondromalacia of both knees, currently rated at 10% each.

The Board denied the veteran's claims for service connection for residuals of a stress fracture of the left second metatarsal and his claim for nonservice-connected pension benefits due to lack of qualifying service.

The VA determined that the veteran's service-connected Crohn's disease is currently manifested by moderate severity of impairment, including mild anemia and frequent episodes of diarrhea. The disability picture does not warrant a higher evaluation.

The VA Board of Veterans' Appeals has determined that the veteran's post gastrectomy syndrome does not warrant an increased rating beyond the current 40 percent evaluation.

The Board determined that the veteran's claim for an earlier effective date for a compensable rating of his shell fragment wound of the right thigh was granted, and he is now receiving a 30 percent evaluation as of July 30, 1991.

The Board found that the veteran's failure to report his and his wife's unearned income constituted bad faith, resulting in an overpayment of Section 306 pension benefits. The Board denied the waiver of recovery due to the indication of bad faith in the creation of the overpayment.

The Board denied an increased evaluation for the veteran's service-connected somatization disorder, finding that the current 30 percent rating adequately reflects his disability.

The Board found that the veteran's abdominal disorder existed prior to her entry into active service and was not aggravated by her period of service. The claim for service connection is denied.

The Board denied the veteran's claim for an extraschedular rating for defective hearing in his left ear, finding that the current schedular rating adequately reflects the severity of his disability.

The Board found that the veteran's service-connected partial amputation of the left fifth finger and digital nerve neuroma do not warrant a higher rating under the applicable diagnostic codes.

The veteran's current complaints of belching and mid thoracic back pain are not attributable to her service-connected duodenal ulcer disease. The symptoms associated with the duodenal ulcer disease are very minimal, and she does not have any objective clinical indications of postgastrectomy syndrome, diarrhea, weight loss, anemia, or recurrent incapacitating episodes averaging 10 days or more in duration at least four or more times per year. Therefore, her claim for a higher rating is denied.

The Board has granted restoration of a compensable evaluation (10%) for the service-connected left eye pterygium, which had been reduced to noncompensable in June 1996. The issue of entitlement to an increased rating in excess of 10% remains unresolved.

The Board has determined that the veteran's service-connected post traumatic stress disorder warrants a 50 percent initial rating, effective from June 15, 1998. The evidence does not support an increase to a higher rating.

The Board denied an increase in a 10 percent rating for service-connected dacryocystitis of the left eye, finding that the maximum schedular rating has already been assigned.

The veteran's HIV-related illness does not meet the criteria for an evaluation in excess of 30 percent, as it does not result in refractory constitutional symptoms with pathological weight loss or AIDS related opportunistic infection or neoplasm.