Other conditions decisions — 2002

The Board denied the appellant's claim of entitlement to service connection for the cause of her deceased husband's death, finding that his death in May 1991 was not due to a service-connected disability.

The Board found that the veteran's current hematuria is not related to his service and denied his claim for service connection.

The Board has determined that the veteran's herniated nucleus pulposus with spinal fusion at L4-L5 warrants a 60 percent disability rating, which is the maximum available under Diagnostic Code 5293.

The Board found that the veteran currently does not have active malaria or any residuals of prior episodes of malaria, and there is no evidence of relapse within the past year. The current examination did not identify any residual disabilities from previous malaria infection.

The Board has granted a disability rating of 20 percent for the veteran's thoracic spine disability, which is the maximum available under the applicable diagnostic codes. The veteran had a compression fracture of one of his midthoracic vertebral bodies with associated degenerative changes and deformity.

The Board denied the veteran's claim for an increased evaluation for his service-connected gunshot wound to the left chest with resolved hemopneumothorax, finding that the current 20 percent rating adequately compensates him for his disability.

The veteran's claim for increased evaluations for postoperative residuals of a subtotal gastrectomy, vagotomy, and pyloroplasty for duodenal ulcer with intestinal blockage was denied. The evidence did not show the presence of confirmed postoperative complications of stricture or continuing gastric retention to warrant a higher rating under Code 7348. For actinic keratosis of the face, head and neck, the claim was also denied as there were no constant exudation or itching, extensive lesions or marked disfigurement.

The Board denied the veteran's claim for an increased disability rating for his service-connected right clavicle injury, currently rated as 20 percent disabling. The evidence did not meet the criteria for a higher rating under Diagnostic Code 5201.

The veteran is not entitled to a separate rating for the shortening of his service-connected left leg, as it is prohibited by VA regulations due to the combination of ratings for fracture and shortening.

The Board found that the reduction from a 30 percent rating to zero percent effective May 1, 2002 was proper and supported by evidence. The veteran's lymphoblastic lymphoma had entered complete remission with no symptoms.

The Board denied the appellant's claim for an earlier effective date of DIC reinstatement, finding that she was not eligible for reinstatement prior to October 1, 1998 due to her remarriage being terminated by divorce after October 31, 1990 without legal proceedings commenced before November 1, 1990.

The November 1968 rating decision was final and not erroneous.,Service connection for venous insufficiency in the left lower extremity was granted with a 30 percent disability evaluation effective March 12, 1997, and increased to 40 percent effective January 12, 1998. Service connection for venous insufficiency in the right lower extremity was also granted with a 30 percent disability evaluation effective March 12, 1997.,The veteran's appeal is denied as there was no clear and unmistakable error in the November 1968 rating decision.

The Board denied the veteran's claims for increased ratings for residuals of a fractured olecranon, left ulna and left ulnar neuritis, finding that the current 10 percent ratings adequately reflected the severity of his service-connected disabilities.

The Board denied the veteran's request to reopen his claim for service connection for postoperative herniated nucleus pulposus claimed as a low back condition, finding that new and material evidence had not been submitted.

The Board found that the veteran's gastric lymphoma was not caused by VA hospital care, medical or surgical treatment, or examination. The delay in diagnosis did not affect his prognosis.

The Board denied the veteran's claim of secondary service connection for gout, finding that it was not due to disease or injury incurred in or aggravated by service.

The Board denied the veteran's claims for benefits under 38 U.S.C.A. § 1151 and service connection, finding that the amputation and revision were not due to VA treatment with Coumadin or other anticoagulant, but rather due to natural progression of his underlying peripheral vascular disease.

The VA has denied an increased evaluation for the veteran's traumatic brain syndrome with psychotic reaction, currently rated at 50 percent. The appeal is based on the merits of the disability and not due to a change in law or regulations.

The Board found that the veteran's cause of death, acute leukemia, was not caused or contributed to by any service-connected disability. The appellant could not establish a connection between the veteran's radiation exposure during service and his subsequent development of leukemia.

The Board denied the veteran's claim for service connection for residuals of a left upper lobe lobectomy, finding that the condition was not incurred or aggravated by service and is not related to any service-connected disability.