Other conditions decisions — 2002

The Board dismissed the motion for revision based on clear and unmistakable error because there was no final decision to review.

The Board denied the veteran's claims for increased evaluations for his bilateral leg impairment due to post polio syndrome, finding that the evidence did not support ratings in excess of 10 percent or 40 percent.

The Board denied the veteran's claims for service connection for defective vision and a cataract of the right eye, finding that there was no evidence of a traumatic injury to the right eye during service and concluding that any cataract present at separation was congenital in origin.

The Board denied the veteran's claims for service connection for blepharitis and an increased evaluation for meralgia paresthetica of the right thigh, finding that there was no evidence of a current disability or that it was incurred in service.

The Board denied service connection for the cause of the veteran's death due to lung cancer and denied DIC under the provisions of 38 U.S.C.A. § 1318, finding that there was no evidence linking the veteran's lung cancer to his military service or nicotine dependence.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to a negative certification from the National Personnel Records Center regarding her spouse's service. The appellant's spouse was not considered a 'veteran' for purposes of entitlement to VA benefits.

The Board has granted service connection for postoperative residuals of adenocarcinoma of the prostate due to exposure to Agent Orange. The veteran's claim for an increased rating for hiatal hernia with reflux remains pending.

The Board denied the veteran's claims for increased ratings in all four issues, maintaining the current 10% ratings.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in May 1994, finding that the treatment did not involve an adjudicated service-connected disability and that the veteran does not have a total disability rating resulting from a service-connected disability.

The Board denied service connection for the cause of the veteran's death and eligibility for dependents' educational assistance under Chapter 35. The appellant did not meet the legal criteria for these benefits.

The Board found that the veteran's claim of service connection for residuals of a back injury was not reopened due to lack of new and material evidence.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for conjunctivitis, which was previously denied in June 1980. The claim is now reopened.

The Board found that the veteran's death was not caused by or related to his service-connected conditions, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's lung disability, characterized as recurrent pneumonia, was not incurred during a period of active military service and is not related to any disease or injury incurred during such service.

The Board found that the veteran's neck injury did not result from service and denied his claim.

The Board denied the veteran's claim for waiver of recovery of an overpayment of Chapter 31 vocational rehabilitation benefits in the amount of $701.55, finding that repayment would not be against equity and good conscience due to the veteran's fault in creating the debt and unjust enrichment.

The Board denied the appellant's claims for an increased rating for varicose veins in the right leg and entitlement to a total disability rating based on individual unemployability due to service-connected disability. The appellant's varicose veins were currently evaluated as 10 percent disabling, with no evidence of exceptional or unusual disability.

The Board finds that the veteran's current right hip disorder is a necessary consequence of the November 1992 surgery at a VA medical facility, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for service connection for ulcer disease, finding that there is no clinical evidence of an ulcer and concluding that her statements regarding the nature of her disability are not dispositive.

The veteran has withdrawn his appeal, leaving only the issues concerning increased ratings for residuals of a fracture of the left tibia and fibula and osteomyelitis. The remaining claims have been decided by the RO.