Other conditions decisions — 2002

The Board has remanded the case for issuance of a supplemental statement of the case due to unsuccessful attempts by the VA Regional Office in New Orleans, Louisiana, to have the Outpatient Clinic issue one. The veteran must provide additional evidence and/or argument.

The Board has granted an increased evaluation of 60 percent for postoperative aortic valve replacement, effective from the date of the decision.

The Board denied the appellant's claim for an earlier effective date for the award of an apportionment of the veteran's non-service-connected pension benefit, setting October 1, 2000 as the effective date.

The Board found that the veteran's current residuals of a head injury were not incurred in or aggravated by service, as there was no evidence linking his current condition to an incident during active duty.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA benefits due to his failure to file within the required 180-day period following notification of indebtedness.

The Board found no evidence of an increase in severity of vitiligo or fainting spells during service, and thus denied both claims.

The Board found that the veteran's bilateral bunion disorder preexisted service and was not aggravated by service, thus denying her claim for service connection.

The veteran's initial compensable ratings for chondromalacia of the right patella, residuals of a subcostal incisional hernia, and residuals of a laceration of the liver were granted effective April 1, 2001. The rating for residuals of a cholecystectomy remains at noncompensable.

The veteran's claim for an increased rating for postoperative iliotibial band release with bursitis of the right greater trochanter was denied as she failed to report for a necessary VA examination.

The VA has granted a 30 percent evaluation for the veteran's service-connected aseptic meningitis, which is characterized by severe headache and other symptoms that recur approximately three to four times per year.

The Board has determined that the veteran's reactive airway disease is related to his military service, and thus grants entitlement to service connection for this condition.

The Board has granted a 30 percent rating for the veteran's bilateral flatfoot, which was previously rated as 10 percent disabling.

The veteran's request for a waiver of overpayment of VA improved pension benefits was denied due to the failure to report changes in income and his fault in creating the debt, but recovery would not result in undue financial hardship.

The Board has determined that the veteran's shrapnel wound to the face, resulting in a scar, was incurred during service and is therefore granted service connection.

The Board granted the veteran's claim for an effective date earlier than July 3, 1995 for additional compensation benefits based on recognition of his dependent spouse Z.

The veteran's temporary total rating for a period of convalescence following bilateral lateral fusion of L5-S1 in November 1989 is denied because the surgery was not for a service-connected disability.

The Board has reopened the appellant's claim of service connection for the cause of death due to new and material evidence submitted, including testimony from the appellant regarding her husband's post-service medical problems.

The Board found that the appellee, who is the veteran's surviving spouse, was entitled to the proceeds of his National Service Life Insurance (NSLI) policy as per his intent and actions. The Court vacated the decision and remanded it for proceedings consistent with its new test.

The Board denied service connection for residuals of a wound to the left thigh and hair loss claimed as secondary to herbicide exposure. The claim for PTSD was reopened, but not granted.

The Board has granted service connection for bronchiectasis, finding that it was presumptively incurred in active peacetime service.