Other conditions decisions — 2002

The Board found that the veteran's genital warts were incurred in service and granted service connection. However, it determined that the criteria for a disability rating in excess of 60 percent for his prostate gland condition have not been met.

The Board denied an initial compensable rating for residuals of shrapnel wounds to the face, finding that the scars were not disfiguring and did not cause any limitation of function.

The Board found that the veteran's paroxysmal supraventricular tachyarrhythmia is manifested by symptoms compatible with ongoing intermittent short periods of paroxysmal atrial fibrillation without undo dyspnea, fatigue, chest pain, dizziness, or syncope. The schedular criteria for an evaluation in excess of 10 percent have not been met.

The Board denied service connection for the residuals of pneumonia but granted service connection for obstructive pulmonary disease, which is not a residual of the claimed pneumonia.

The Board has determined that the veteran's prostatitis with urethral stricture warrants a 40 percent evaluation, which is higher than the current 20 percent rating. The evidence shows that the veteran changed his absorbent pads twice a day, meeting the criteria for a 40 percent evaluation.

The Board found that the appellant's service-connected left foot disability, manifested by mild prominence of the midportion of the second and third metatarsal bones with tenderness at the fracture sites, does not meet the criteria for a compensable rating.

The Board has determined that the veteran's DVT of the right leg was not incurred in or aggravated by active service, and is not proximately due to a service-connected disability.

The Board found that the appellant does not have scoliosis of the thoracic spine related to service. For his exercise induced bronchospasm with restrictive component, a 60% evaluation was granted prior to November 27, 2000, and denied thereafter.

The veteran's death during the appeal process means that the Board has no jurisdiction to adjudicate the merits of his claim for service connection due to emphysema resulting in paroxysmal atrial fibrillation.

The Board denied the appellant's claim for an effective date earlier than November 1, 1999, for the payment of Dependency and Indemnity Compensation (DIC) benefits as her initial claim was received on October 8, 1999.

The Board has determined that the appellant's claim for service connection for the cause of the veteran's death is inextricably intertwined with her newly raised claim for DIC benefits under 38 U.S.C.A. § 1151 for the cause of the veteran's death, and therefore, both claims must be remanded to consider the DIC benefit claim prior to deciding the service connection claim.

The veteran is entitled to an extension of his temporary total rating for convalescent purposes through November 30, 1994, with the prior schedular rating being restored effective December 1, 1994.

The Board has determined that the January 21, 1970 decision incorrectly assigned a 20% evaluation for the veteran's service-connected gunshot wound to muscle groups I and II, right major. The correct evaluation should have been 30%. This error is considered clear and unmistakable.

The Board denied the veteran's claim for an increased evaluation for pseudoarthrosis of the left little finger, finding that it is equivalent to disability no greater than a PIPJ level amputation and thus not warranting an increase in rating.

The Board denied the veteran's claims for increased ratings for his service-connected gunshot wound residuals and scars, finding that the evidence did not support a higher rating.

The VA determined that the veteran's residuals of a gunshot wound to his right and left arms and chest have been manifested primarily by asymptomatic scars, with no evidence of muscle damage or respiratory issues. The Board found that these residuals do not meet criteria for a higher rating.

The Board denied the veteran's claims for a higher evaluation for his traumatic kyphoscoliosis of the thoracic spine and special monthly compensation based on need for regular aid and attendance or by reason of being housebound due to disability. The veteran was granted service connection for traumatic kyphoscoliosis of the thoracic spine, but the Board found that the current 20 percent rating adequately reflects his disability.

The Board denied the appellant's claim for an effective date prior to June 12, 1995 for the grant of benefits based on helpless child status for M.T. The decision found that neither the appellant nor M.T. filed a claim for this benefit prior to June 12, 1995.

The Board denied service connection for a bladder condition (other than cystitis) and granted an increased rating to 30 percent for residuals of a right pyeloplasty with cystitis.

The Board has determined that the veteran's disability of the left tibia and fibula is productive of moderate impairment with additional functional loss due to pain or other pathology, warranting a 30 percent rating.