Other conditions decisions — 2002

The Board denied the veteran's claim for an earlier effective date of July 15, 1998, for his total disability rating based on individual unemployability. The decision states that there is no evidence to support a finding of unemployability prior to July 15, 1998.

The Board found that the veteran's multiple joint disability was not incurred in or aggravated by active service, nor can it be presumed to have been caused by ionizing radiation exposure. The evidence does not support a finding of service connection.

The Board found no objective indications of chronic disability manifested by slow-healing cuts and abrasions or memory loss and poor concentration related to service in the Persian Gulf War. The veteran's claims for these conditions were denied.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claim of service connection for residuals of a septorhinoplasty and deviated septum. The RO denied this claim in January 1992, finding that the condition existed prior to service and was not aggravated during service.

The Board denied service connection for a skull fracture, finding no competent medical evidence of such injury in service or current residuals.

The Board denied the appellant's claims for increased ratings for his service-connected facial fractures and denied entitlement to special monthly pension based on need for aid and attendance. The facial fractures are rated as noncompensable under Diagnostic Code 9916, which pertains to malunion or nonunion of the maxilla with slight displacement.

The veteran's claim of service connection for a chronic disability manifested by high cholesterol is denied as there is no current diagnosis of such condition.

The veteran's schizoaffective disorder is currently rated at 70 percent, effective from the day following his discharge from service. The RO has not granted a higher rating.

The Board has reopened the claim for service connection for a skin disorder claimed as due to herbicide exposure, finding that new and material evidence has been presented. The veteran is presumed to have been exposed to herbicides during his service in Vietnam.

The Board denied the veteran's claim for eligibility as a prisoner of war (POW) due to lack of certification from the service department and failure to provide supporting evidence. The claim was not reopened because no new and material evidence was submitted.

The Board denied an earlier effective date for the grant of service connection for a right lung middle lobe carcinoid due to Agent Orange exposure, finding that no claim was filed with VA expressing intent to seek this benefit.

The veteran's shell fragment wounds and associated scars have been evaluated based on their current manifestations. The Board has determined that the evidence does not support a compensable evaluation prior to September 24, 2001 for either condition or scar. For conditions rated under Diagnostic Codes 7804 (scar) and 5309 (hand), no higher evaluations are warranted as there is no evidence of pain, instability, or functional impairment that would justify a compensable evaluation.

The Board found that the veteran's death was not caused by his service-connected conditions, including varicose veins and other disabilities. The evidence did not support a causal link between these conditions and the cause of death.

The Board denied a separate compensable evaluation for the veteran's left leg shell fragment wound residuals, finding that his symptoms did not meet the criteria for any higher rating.

The Board denied the veteran's claim for service connection for post-operative residuals of a right orchiectomy and radical groin dissection for neoplasm of the testis, as claimed due to Agent Orange exposure. The evidence did not establish that the cancer was present in service or within the presumptive period following service.

The Board has determined that the veteran's current 20 percent evaluation for his service-connected residuals of an injury to the left buttock, Muscle Group XVII, with retained metallic foreign body is not adequate and does not reflect the severity of this disability.

The Board denied a claim for an initial disability rating in excess of 30 percent for the postoperative residuals of a left inguinal hernia and varicocele, finding that the evidence did not support such a higher rating.

The veteran's temporary total evaluation for hospitalization due to ulcerative colitis from August 26, 1991, to August 30, 1991, and from August 22, 1992, to August 31, 1992, is denied.

The Board denied the veteran's request for waiver of recovery of overpayment of disability pension in the amount of $749.00, finding that recovery would not be against equity and good conscience.