Other conditions decisions — 2002

The Board has granted a 10 percent disability rating for the veteran's post-operative recurrent right inguinal hernia and denied an increased rating for his genitofemoral causalgia residuals on the right, as secondary to service-connected residuals of post-operative repair of a right inguinal hernia.

The Board has remanded the case to consider new evidence under the Veterans Claims Assistance Act of 2000 and to schedule a hearing for the veteran.

The veteran's loan guaranty indebtedness was denied because of his failure to obtain a release of liability when he sold the property, resulting in the VA charging the debt to him.

The veteran's chronic lymphocytic leukemia/small lymphocytic lymphoma is granted as a result of exposure to herbicides during his service in Vietnam.

The Board dismissed the appeal because the veteran died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits of this claim.

The veteran's service-connected residuals of left inguinal hernia repair were rated at 10 percent from June 19, 1991, through April 30, 2000. The RO proposed to reduce the rating to noncompensable effective May 1, 2000, and this reduction was confirmed by the Board.

The Board found that the veteran's loss of all natural teeth was not due to service trauma and did not meet the criteria for compensation under 38 C.F.R. § 4.150, thus denying his claim for service connection.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a mid-stomach hernia as a result of VA treatment in July 1998, finding that the hernia was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar incidents of fault on the part of VA's medical personnel.

The Board found that the veteran's gout and gouty arthritis were not incurred in or aggravated by active military service, and thus denied his claims.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for service-connected residuals of an old healed retinal detachment of the right eye, to include floaters. The RO had previously granted service connection and assigned a 10 percent rating effective from June 10, 1996.

The Board found no evidence of a current diagnosis of post-traumatic stress disorder and denied the veteran's claim for service connection.

The Board denied the veteran's claim for service connection for osteoporosis and residuals of a compression fracture of the thoracic spine, finding that these conditions were not incurred or aggravated by his military service.

The Board has determined that the appellant's pre-existing psychotic disorder did not increase in severity during service, and thus denied his claim for service connection.

The veteran's skin rashes of the forehead, leg, face, and neck were not found to be related to service or a known diagnosis.

The Board denied the appellant's claims for basic eligibility for non-service-connected death pension benefits and accrued benefits. The veteran had no pending claims at the time of his death, and there was no evidence of a valid claim for accrued benefits within one year following his death.

The Board has granted an evaluation of 20 percent for each foot's metatarsalgia, status-post toe surgery with hammertoes.

The Board finds that the veteran's tracheostomy scar on his neck is compensable under 38 U.S.C.A. § 1151, as it resulted from treatment by VA in March 1981. However, there is no medical evidence linking any throat disorder or breathing problems to this surgery.

The Board denied the veteran's claim for service connection for a left eye disorder, finding no evidence of such condition in service or at any time close to service.

The Board denied service connection for the cause of the veteran's death and denied DIC benefits under both sections 1151 and 1318. The primary issue was whether the veteran's terminal illness, which included metastatic adenocarcinoma, was related to his service-connected varicose veins or any other condition.

The Board determined that the forfeiture invoked against the appellant was proper and she had forfeited all rights, claims and benefits under the laws administered by VA except insurance benefits.