Other conditions decisions — 2002

The Board denied the veteran's claims for increased ratings for post-traumatic organic brain syndrome, left upper and lower extremity hemiparesis, and residuals of a left clavicle fracture with deformity and multiple rib fractures. The evidence did not meet the criteria for higher disability ratings under applicable rating criteria.

The Board has determined that the veteran's current back condition is not related to his active service, and thus denied his claim for service connection.

The Board has determined that an earlier effective date of December 19, 1989, for the 100% rating is warranted due to evidence showing a severe level of disability approximating the criteria for a 70% rating.

The Board denied the veteran's claim to reopen his service connection for a lung disorder due to tobacco use during service, finding that the evidence submitted was not new and material.

The Board denied the veteran's claim for service connection for arthritis, finding that there was no evidence of arthritis in service or within one year after discharge. The Board also found that any current arthritis is not related to a disease or injury in service or to a service-connected disability.

The Board found that the veteran's death was not caused by negligence or fault on the part of VA, and thus denied the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151.

The Board denied service connection for lung abscess, pneumonitis, and bronchiectasis in September 1954 due to the lack of evidence linking these conditions to military service. The veteran's motion claiming clear and unmistakable error (CUE) was dismissed without prejudice.

The Board found that the appellant's HIV was not incurred in or aggravated by active service, and thus denied his claim.

The Board found that the appellant's pre-existing left knee disorder did not undergo aggravation during active duty and is not presumed to have been incurred in service. The Board concluded that her current left knee disability was not related to any injury or disease incurred or aggravated during ACDUTRA or INACDUTRA.

The Board found that there is no objective evidence of a right leg injury during the veteran's naval service and that competent medical evidence does not support the proposition that the veteran's claimed right leg paresthesias are causally related to any incident of his naval service.

The Board determined that the veteran's chronic acquired gastrointestinal disorder was not incurred in or aggravated by active service, and denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a left hip disorder, including traumatic arthritis and residuals of total left hip replacement. The veteran's pre-existing left hip disability may have been aggravated by service.

The veteran's claim for an increased evaluation of his postoperative incisional abdominal hernia was denied as he failed to report for a scheduled VA examination without good cause.

The Board denied the veteran's claims for an initial compensable rating for residuals of a shrapnel wound of the right arm, service connection for cold injury to the feet, and service connection for malaria. The Board found that there was no evidence of muscle or nerve involvement from the shell fragment wound, and current residuals were not shown for cold injury or malaria.

The Board denied the veteran's claim for service connection of a left hip disability, finding no credible medical evidence linking his current condition to military service.

The veteran's claims for a compensable evaluation for service-connected psychoneurosis and an increased rating for low back strain with degenerative changes were denied. The Board found that the veteran failed to report for a necessary VA examination, which prevented consideration of his claim for a separate, compensable evaluation for psychoneurosis. For the low back disability, the evidence did not support a higher evaluation beyond 60 percent.

The Board found that the veteran's service-connected residuals of cuboid avulsion fracture with post-traumatic arthritis did not warrant a rating in excess of 20 percent.

The Board has determined that the veteran does not have PUD attributable to military service and denied his claim for service connection. His rating for hemorrhoids remains at 10 percent.

The Board has determined that the veteran's post-operative residuals of cataract in his left eye are service-connected, as it is linked to a traumatic injury sustained during service.

The Board has reopened the veteran's claim of service connection for a nervous disorder, including sleepwalking, due to new and material evidence submitted since the November 1988 rating decision.