Other conditions decisions — 2002

The veteran is entitled to the automobile allowance effective from August 8, 2001.

The veteran's claim for an earlier effective date for service connection for systemic lupus erythematosus was denied, but the RO assigned a new rating of 30% effective from March 9, 1993. The decision also addressed claims regarding clear and unmistakable errors in previous decisions, resulting in a grant of service connection for lupus with Raynaud's syndrome and dysthymic disorder as of October 23, 1992.

The Board found that the cause of death, acute alcoholism, was not service-connected and denied the claim.

The Board granted a 30 percent rating for the veteran's uterine fibroid tumor with menorrhagia and anemia prior to March 1, 1995. Since then, the criteria have not been met for a higher rating.

The Board found that the veteran's preexisting left forearm fracture did not increase in severity during service, and thus concluded that it was not aggravated by service. The decision is now considered clearly erroneous due to errors in both factual findings and legal conclusions.

The Board has determined that the veteran's current condition of left lower rib cage strain and contusion is related to his military service, thus granting service connection for these residuals.

The Board has granted the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits, finding that it would be against equity and good conscience to require repayment due to the veteran's economic hardship.

The Board has determined that new and material evidence was submitted to reopen the veteran's claim for service connection for a lung disorder secondary to tobacco use and nicotine dependence. However, the claim is legally precluded as it is not possible to establish service connection due to the lack of evidence showing nicotine dependence began in service.

The VA denied a compensable rating for the veteran's service-connected spontaneous pneumothorax, right.

The Board found that there was no competent medical evidence linking the veteran's current disorder manifested by rectal bleeding to his period of active service. The claim for service connection was denied.

The Board has reopened the veteran's claim for service connection for residuals of a neck injury due to new and material evidence presented since the April 1971 decision.

The Board determined that the appellant does not have qualifying military service and therefore is not eligible for VA benefits.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder due to a lack of verified inservice stressors. The Board also found that his substantive appeal regarding the temporary total evaluation issue was inadequate.

The Board has granted service connection for HIV, finding it as likely as not that the veteran became infected during her active duty service.,The appeals regarding effective dates earlier than July 6, 1991, and January 12, 1998, for cold injuries of the feet and hands, and separate ratings for cold injuries of the hands and feet have been withdrawn by the appellant.

The Board found that the cause of death, myelodysplastic syndrome, was not service-connected and did not contribute to or accelerate the veteran's death. The appellant's claim for service connection for the cause of her husband's death was denied.

The veteran's appeal for an increased rating for left inguinal herniorrhaphy was withdrawn by the veteran in writing prior to the Board having adjudicated the claim.

The Board has determined that the veteran's muscular dystrophy began during his active duty service and grants service connection for this condition.

The Board found no evidence of a current upper respiratory disorder related to active service and denied the veteran's claim.

The Board denied an increased rating for the veteran's service-connected status post external urethrotomy and urethroplasty, plastic reconstruction of urethra, and urethral fistula from September 26, 2001 onwards. The previous ratings were reduced to noncompensable as of September 1, 2000, and increased to 20 percent as of January 4, 2001, and 40 percent as of September 25, 2001.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking any service-connected disability to his death.