Other conditions decisions — 2002

The evidence does not support the veteran's claim that he developed neurological disability or additional cardiovascular disability as a result of VA medical treatment in June 1998. The examiner concluded it was unlikely his current condition is related to the procedure.

The veteran's service-connected manic depressive illness is rated at 100 percent disabling, and he does not meet the criteria for special monthly compensation based on being housebound or needing regular aid and attendance.

The Board denied a compensable evaluation for the veteran's residuals of a fracture of the left fourth finger, finding that the disability did not meet the criteria for an increased rating under the applicable VA Schedule for Rating Disabilities.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for left leg disability, resulting in a denial.

The VA denied the veteran's claim for a rating in excess of 10 percent for residuals of a left great toe fracture, finding that there was no more than moderate impairment.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum annual rate of $6,407.00.

The Board has granted service connection for the veteran's patellofemoral syndrome of both knees and left shoulder dislocation, but denied any higher evaluations. The right knee disabilities are rated as noncompensable, while the left knee disability is also rated as noncompensable. The left shoulder disability remains at 20 percent.

The Board has determined that the veteran's chronic skin disorder of the feet, which he claims is related to his active service, was incurred during his military service and granted service connection for this condition.

The Board has granted service connection for the cause of the veteran's death, finding that his nicotine dependence during military service resulted in lung carcinoma and cardiac dysrhythmia. The appeal for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The veteran's service connection for purposes of VA outpatient dental treatment is granted as he incurred trauma to tooth number 8 during service.

The Board found that the veteran's death was caused by lung cancer, which is presumed to be related to exposure to ionizing radiation in service. The claim for service connection for the cause of the veteran's death is granted.

The Board denied the veteran's claims for an increased evaluation for partial paralysis of the left radial nerve and a total disability rating based on individual unemployability due to service-connected disabilities.

The Board found no clear and unmistakable error in the December 1948 rating decision that denied service connection for the cause of the veteran's death. The appellant did not appeal this decision within one year, making it final.

The Board found that the appellant's preexisting pulmonary disability was clearly and unmistakably manifest between his periods of military service, did not undergo a permanent increase in severity as a result of his second period of service, and therefore granted service connection for the condition on the basis of aggravation.

The Board denied the veteran's request to reopen his claim for service connection for chronic ear infections, finding that no new and material evidence had been presented.

The Board denied the veteran's request for a waiver of his loan guaranty indebtedness, finding that he acted in bad faith and was at fault in creating the debt. The RO had previously determined there was no legal bar to considering a waiver but found that recovery would violate principles of equity and good conscience.

The Board granted service connection for chronic diarrhea as due to an undiagnosed illness, but denied claims for blood in the stool and weight loss.

The Board found that the veteran does not have a currently diagnosed dental disorder related to an in-service disease or injury, and therefore denied his claim for service connection.

The Board granted an effective date of July 26, 2001 for the grant of a 10% evaluation for hiatal hernia.

The appellant was granted DIC benefits effective October 1, 1998. However, the RO assigned an earlier effective date of June 2, 1999, based on new evidence provided by the appellant.