Other conditions decisions — 2002

The Board has determined that the veteran's son, R., may be considered a 'child' for purposes of benefits under Title 38, United States Code due to permanent incapacity for self-support by reason of mental defects at the date of attaining the age of 18.

The Board denied the appellant's claim as he is not considered a veteran for VA disability compensation benefits due to his current confinement status.

The Board has determined that a 30 percent disability evaluation is warranted for the veteran's post-operative residuals of small bowel resection, based on severe symptoms including alternating diarrhea and constipation with more or less constant abdominal distress.

The Board denied the veteran's claims for increased evaluation for ulcerative colitis, secondary service connection for uterus and ovaries removal, temporary total convalescence rating due to surgery, TDIU, secondary service connection for rectal disorder, skin disorder, and immune system disorder. The appeals were based on direct service connection.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no medical evidence to support a relationship between the veteran's fall and his service-connected conditions or any other service-related factors.

The Board has denied the veteran's claims for increased evaluations for tension headaches and stomach problems, to include GERD and IBS, both claimed as due to undiagnosed illness; and residuals of influenza, including fatigue, claimed as due to undiagnosed illness. The evidence received since the last final decisions in November 1997 and January 1998 is not considered new and material.

The veteran's unauthorized medical expenses incurred from June 26, 1997 through June 27, 1997 were denied as the treatment was not for a service-connected disability.

The Board denied service connection for the cause of the veteran's death due to multiple myeloma, finding that it was not related to his military service.

The veteran's right knee disability was rated at 20 percent effective prior to April 30, 1998.,The veteran's right knee disability was increased to a 40 percent rating as of July 1, 1998.

The Board denied the veteran's claims for service connection for hypercholesterolemia and pancreatitis, finding that there was no evidence of a nexus between these conditions and his military service.

The Board denied the veteran's claims for a compensable rating for postoperative residuals of a ventral hernia from June 10, 1987 to December 4, 2001 and a rating in excess of 10 percent for postoperative residuals of a ventral hernia beginning December 5, 2001. The Board found that the veteran did not meet the criteria for increased ratings under applicable diagnostic codes.

The Board denied an increased rating for the veteran's service-connected left scapula disability, finding that the evidence did not support a higher rating based on limitation of motion or other factors. The preponderance of the evidence was against granting a higher rating.

The veteran's nasal fracture residuals are currently evaluated at a 10 percent rating, and the Board finds that an increased evaluation is not warranted under any other Code.

The Board found no evidence to support a causal connection between the veteran's service and his death from pulmonary tuberculous. The claim for service connection for the cause of death was denied.

The Board denied the veteran's claims for service connection for chronic eye disorder, bilateral foot disorder, and an evaluation in excess of 20 percent for lumbosacral strain.

The Board denied the veteran's claims for an increased rating for onychomycosis of the toenails and for an earlier effective date for service connection. The veteran was awarded service connection in March 1993, but his claim for a higher rating remains denied.

The Board of Veterans' Appeals has determined that the veteran's Osgood-Schlatter disease, which was first identified during service, is a result of his active duty. Therefore, the claim for service connection is granted.

The veteran's dental expenses for the years 1989, 1990 and 1991 were not submitted in a timely manner, thus they could not be considered when determining his countable income.

The VA determined that the veteran's service-connected residuals of a gunshot wound to the dorsum of the right hand do not warrant a compensable evaluation.

The Board denied the veteran's claims for service connection and an increased rating, finding no evidence of a right testicle injury due to trauma during active duty service.