Other conditions decisions — 2002

The Board has determined that the veteran's residuals of a compression fracture at C7 do not meet or approximate the criteria for an increased rating beyond the current 40 percent assigned.

The VA denied an increased evaluation for the veteran's bilateral inguinal hernia repairs, currently rated at 20 percent. The condition is manifested by occasional pain and no current evidence of active hernias or abscesses.

The Board has granted a higher rating of 60 percent for the veteran's service-connected pneumothorax, finding that his FEV-1 score was between 40 and 55 percent of predicted value post-bronchodilatation.

The veteran's claim for an effective date earlier than May 4, 1998, for the grant of compensation under 38 U.S.C.A. Section 1151 and special monthly compensation for blindness in the left eye is denied.

The Board dismissed the appeal due to the appellant's death, as the claim has become moot.

The veteran's request for waiver of recovery of the overpayment of compensation and pension benefits in the amount of $8,003.61 was timely filed.

The VA granted a 100% evaluation for the veteran's service-connected depressive reaction effective September 10, 2001. The veteran did not seek an earlier effective date.

The Board found that an increased evaluation for the veteran's service-connected mandible fracture residuals is unwarranted, as it does not meet the criteria for a rating in excess of 40 percent under Diagnostic Code 9905. The facial scars are rated at 10 percent.

The Board found that the greater weight of evidence does not demonstrate a link between exposure to radiation during service and current pulmonary fibrosis, thus denying the claim for service connection.

The Board dismissed the appeal for gastrointestinal, neurological, and cardiovascular residuals of remote elemental mercury poisoning due to lack of evidence supporting service connection.

The Board has determined that the veteran's service-connected thoracic spine disability warrants a 10 percent evaluation, based on limitation of motion and deformity of the T5 vertebra.

The Board has determined that the veteran's death was not caused by or contributed to by any service-connected disability, and thus denied service connection for the cause of death.

The VA granted service connection for the cause of the veteran's death due to lung cancer, which was added as a presumptive disease associated with Agent Orange exposure. The effective date is set at June 9, 1994.

The Board has determined that the veteran's patellar tendonitis of the left knee did not begin during his active service and is therefore not service-connected.

The VA has denied the veteran's claim for an increased evaluation of his service-connected herniated nucleus pulposus, currently rated at 30 percent. The current rating is appropriate given the severity of the veteran's symptoms and functional impairment.

The Board found that the veteran's urethral stricture and severe urethra meatal stenosis did not have a direct relationship to service, as they existed prior to entry into service. The VA examination indicated that the current conditions were unrelated to the circumcision performed during service. Therefore, the claim for service connection was denied.

The Board has reopened the veteran's claim for service connection due to new medical opinions linking his cancer of the hard palate to exposure at Camp Lejeune, where contaminated water was found. The Board finds that it is more likely than not that the veteran's cancer was caused by drinking contaminated water.

The Board found that the veteran's otosclerosis in the right ear with hearing loss and tinnitus was not incurred or aggravated by service. The claim for otosclerosis in the left ear with hearing loss and tinnitus could not be reopened due to lack of new and material evidence.

The veteran's waiver request for a $4,400 overpayment of pension benefits was denied due to the lack of fault on his part in creating the debt and because recovery would not result in undue financial hardship or defeat the purpose of the VA pension program.

The Board denied service connection for a skin disorder secondary to Agent Orange exposure in February 1997. The veteran appealed, and the Court dismissed the appeal due to lack of jurisdiction. In May 2000, the Board again denied reopening the claim based on lack of new and material evidence. The case was remanded to consider VCAA provisions.