Other conditions decisions — 2002

The VA denied the veteran's claim for service connection for squamous cell carcinoma of the right tonsil with metastatic disease to the right neck as a residual of exposure to Agent Orange.

The Board denied a higher rating for the veteran's residuals of left leg thrombophlebitis, finding that the evidence did not support a grant of the next higher, 100 percent, rating due to lack of massive board-like edema with constant pain at rest.

The Board has granted service connection for the veteran's residuals of a cerebrovascular accident, finding that it is related to his in-service diagnosis of aortic stenosis.

The Board found that the veteran's pre-existing cardiac disorder did not undergo a permanent increase during service and denied his claims for service connection. For Crohn's disease, there was no evidence of in-service symptoms or diagnosis, and the claim was denied as well.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved VA disability pension benefits, finding that he was at fault in creating the overpayment due to his failure to timely report changes in income and family status. Recovery would not be against the principles of equity and good conscience.

The Board found that the veteran's right leg disability is not proximately due to or caused by his service-connected left leg condition. The claim for a temporary total convalescence rating must be denied, and the increased evaluation of the service-connected chronic lymphedema of the left lower extremity remains at 30 percent.

The Board found no clear and unmistakable error in the September 1985 rating decision that denied service connection for thrombophlebitis of the right leg, as the evidence did not support a finding of new or material evidence to reopen the claim.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for neutropenia and skin rash, both claimed due to exposure to ionizing radiation. However, the claims are not granted as there is no evidence linking these conditions to active service or exposure to ionizing radiation.

The Board has granted a 60 percent rating for the veteran's service-connected Goodpasture's Syndrome, which affects his kidneys and lungs. The condition is rated under the provisions of the schedule that pertain to glomerulonephritis due to its impact on renal function.

The RO has determined that the appellant is entitled to special monthly pension based on her need for aid and attendance, effective from February 9, 1998. As a result, there is no longer an issue of fact or law before the Board regarding this claim.

The veteran's cause of death, cardiac failure due to myocardial infarction secondary to coronary insufficiency, was not related to his active duty service. The Board found no evidence linking the veteran's malaria to his death and concluded that it did not contribute substantially or materially to his death.

The Board found that the appellant's dental injury sustained in May 1970 was incurred in the line of duty and not due to his own willful misconduct.

The Board has determined that the veteran's claim for service connection for blurred vision, dry eyes, a back disability, and a right wrist disability was denied. The claim for service connection for blurred vision was previously denied in November 1994, and no new and material evidence has been presented to reopen this claim.

The VA has determined that the veteran's right ring and little fingers do not meet the criteria for a rating greater than 10 percent, as they lack one inch of being able to touch the palm at the median crease. The evidence does not show unfavorable ankylosis or amputation.

The Board denied the appellant's claim for service connection for the cause of her husband's death, concluding that there was no evidence linking his death to any condition incurred or aggravated during his military service.

The Board found that the veteran's varicose veins of the left leg do not meet the criteria for a higher rating under either the old or new VA rating criteria, and thus denied his claim.

The Board denied an increased evaluation for the veteran's residuals of a simple comminuted left femur fracture, currently rated as 10 percent disabling.

The Board denied service connection for the cause of the veteran's death, finding that there was no evidence linking his lung cancer to service or any other condition. The Board also found that he did not have exposure to Agent Orange during service and thus could not establish presumptive service connection based on herbicide exposure.

The Board found that the appellant's anemia is not a radiogenic disease and there was no evidence of ionizing radiation exposure in service. The claim for service connection for macrocytic anemia claimed as myelodysplastic syndrome due to exposure to ionizing radiation is denied.

The Board denied the veteran's claim for service connection for an eye disorder, finding no residuals or current disability due to the eyelid problems diagnosed in service. The veteran's vision is essentially the same as his left eye, and there is no medical evidence of a current eye disorder resulting from disease or injury in service.