Other conditions decisions — 2002

The Board denied the veteran's petition to reopen his claim of entitlement to recognition as a former prisoner of war (POW) for VA purposes, finding that no new and material evidence had been submitted.

The Board denied the veteran's appeal regarding his requests for increased evaluations for cold injury residuals of both feet and a total disability rating based on individual unemployability. The RO found that the veteran did not meet the criteria for an increased evaluation above 30 percent for each foot, nor does he meet the requirements for a total disability rating based on individual unemployability.

The Board denied service connection for the cause of the veteran's death due to chronic myelogenous leukemia, finding that it was not incurred in or aggravated by active military service and could not be presumed to have been incurred in service. The Board also found no evidence linking the leukemia to exposure to herbicides (Agent Orange).

The Board denied service connection for impairment of the 9th cranial nerve, finding no current disability and insufficient evidence to establish a nexus with service.

The veteran's nerve damage and back pain are not considered to be a result of the VA surgery, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied the veteran's claim for service connection as dementia with possible psychosis, finding that there was no evidence linking his current condition to his period of active military service.

The Board has determined that the veteran's request for waiver of overpayment was timely submitted, and the M&ROC should review the claim on its merits.

The Board denied all the veteran's claims, including for an increased evaluation for his service-connected right eye injury and for special monthly compensation based on bilateral blindness. The veteran was also not granted a total disability rating due to individual unemployability.

The Board found that the January and July 1947 rating decisions denying service connection for weak feet were not clearly and unmistakably erroneous.

The Board denied the veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code due to his failure to meet the service eligibility requirements.

The veteran's claims for benefits under 38 U.S.C.A. § 1151 for malnutrition and decubitus ulcers resulting from VA medical treatment in January-March 1995 and March 1996 were denied as there was no evidence of chronic or residual disabilities.

The veteran's claim for a higher rating in excess of 70 percent for his service-connected hysterical psychoneurosis after May 2, 1999 was granted effective from May 3, 1999.

The Board granted increased evaluations of 30 percent for right and left metatarsophalangeal joint implant failures with fusion, effective from the date of the decision.

The Board found that the veteran's service-connected myositis ossificans of the right thigh did not warrant a rating in excess of 10 percent, as there was no limitation of motion or functional loss due to pain. The current 10 percent rating already considered any functional loss due to pain.

The Board denied service connection for an acquired psychiatric disorder other than PTSD, finding that the veteran's current diagnosis of schizoaffective disorder, depressed type, is not related to service. The claim for service connection for PTSD was also denied on its merits.

The Board found no evidence of a kidney disorder during service and concluded that the left nephrectomy was not incurred or aggravated by service. The medical opinion provided did not support a nexus between the veteran's service and his current condition.

The Board denied a compensable rating for the service-connected loss of all teeth, finding that the veteran's tooth loss was not due to 'service trauma' and that there is no appreciable bone loss. The appeal also included issues regarding new and material evidence to reopen previously denied claims.

The Board denied reopening of previously disallowed claims for service connection due to lack of new and material evidence.

The Board found that the veteran's spinal disc syndrome, currently rated at 40 percent, does not warrant a higher evaluation as it is productive of no greater than severe intervertebral disc syndrome symptomatology.

The veteran's claims for service connection for Epstein-Barr virus, a disorder manifest by general health problems and degeneration of the bones and spine were denied as there was no evidence linking these conditions to his active duty service or exposure to ionizing radiation.