Other conditions decisions — 2002

The VA has denied the veteran's claim for an increased disability evaluation for his right distal tibia fracture, currently rated at 30 percent. The Board found that the evidence does not support a higher rating based on malunion of the tibia and fibula with marked knee or ankle disability.

The Board has determined that new and material evidence has been submitted to reopen the claim for entitlement to service connection for a psychiatric disorder to include schizophrenia. The veteran's testimony as to his psychiatric treatment in service contributes to a more complete picture of the circumstances surrounding the origin of his psychiatric disability.

The Board has determined that the veteran does not currently have mitral valve prolapse or urethral stenosis, and therefore service connection for these conditions is denied.

The Board denied the veteran's claims for a rating in excess of 40 percent for adenocarcinoma of the prostate manifested by urinary incontinence and an initial rating in excess of 10 percent for a radical prostatectomy scar. The RO found that there was no evidence showing the use of an appliance or the wearing of absorbent materials which must be changed more than four times per day.

The veteran's claim for an increased rating for residuals of a resection of the right 10th rib was granted, with a combined rating of 20 percent (10 percent for the resection and associated nerve damage, plus 10 percent for the tender and painful scar).

The Board found that the veteran does not have separate and distinct eye disabilities manifest by photophobia, chest pain, or calcification of the aorta due to disease or injury incurred in service. The veteran's complaints are considered part of her service-connected tension headache disorder.

The VA denied increased ratings for impingement syndrome of the right and left shoulders, currently rated as 10 percent disabling.

The Board has granted service connection for schizo-affective disorder, which was diagnosed within one year following the veteran's discharge from service. However, the cause of death (acute myocardial thrombosis with underlying causes of atherosclerotic cardiovascular disease and chronic obstructive pulmonary disease) is not considered to be related to service-connected conditions.,The Board denied service connection for the cause of the veteran's death as it did not find that any service-connected condition contributed substantially or materially to his death.

The Board denied a compensable rating for the veteran's service-connected right inguinal hernia, status post hernioplasty, finding that it did not meet the criteria for a higher evaluation under VA disability rating codes.

The veteran's service-connected right leg neuropathic pain is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The Board has established service connection, by aggravation, for the residuals of a left hemispheric CVA in January 1995. The TDIU claim is remanded to consider the effects of this new disability.

The Board found that the appellant did not have verified service in the United States Armed Forces and therefore denied eligibility for VA benefits based on service.

The veteran seeks an earlier effective date for the award of service connection for Post Traumatic Stress Disorder, but the Board finds that no such effective date can be assigned as there was no prior claim or new and material evidence presented to reopen the claim.

The Board found that the veteran's disorder manifested by blackouts existed prior to service and was not aggravated during service. Therefore, service connection is denied.

Service connection for polycystic ovarian disease with amenorrhea has been restored. The veteran's mood disorder is rated at the highest possible evaluation of 50 percent.

The appellant's claim for nonservice-connected death pension benefits as the child of the veteran was denied because he failed to provide necessary evidence, including a certified copy of his birth certificate showing both parents' names.

The Board denied service connection for the cause of the veteran's death, finding that there was no evidence linking his terminal condition to his military service.

The veteran has withdrawn his appeal regarding the claim that new and material evidence sufficient to reopen a previously denied claim of entitlement to service connection for malaria had been submitted. The Board lacks jurisdiction to further consider this claim on appeal.

The veteran's facial and dental injuries were not directly caused by an essential activity or function within the scope of his VA vocational rehabilitation course, and thus he is denied compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's mucoepidermoid carcinoma was not incurred during service, and there is insufficient evidence to show it was caused by exposure to herbicides, including Agent Orange.