Other conditions decisions — 2002

The veteran's PTSD is currently rated at 50 percent, and the Board has determined that a higher rating is not warranted.

The Board denied the veteran's claims for an original evaluation in excess of 10 percent for his deviated nasal septum and a TDIU, finding that he was already receiving the maximum available schedular rating.

The case is being remanded for further development due to the veteran's request for a hearing and other procedural issues.

The Board found that the evidence did not support service connection for multiple myeloma, as there was no in-service diagnosis or exposure to radiation risk activities. The claim is denied.

The Board denied reopening the appellant's claim for revocation of forfeiture declared against her, finding that no new and material evidence had been submitted.

The VA denied the veteran's claim for service connection for atherosclerotic peripheral vascular disease, finding no evidence of a direct relationship to his active duty service and insufficient medical opinion linking it to nicotine dependence/tobacco use during service.

The Board has determined that the veteran's postoperative right ear mastoid problems are related to his service and grants entitlement to service connection.

The Board has granted an earlier effective date of August 1, 1988 for the award of dependency and indemnity compensation benefits due to the appellant's timely filing of a claim with Social Security Administration on behalf of her child.

The veteran's service-connected PTSD was the primary reason for his hospitalization from March 27 to May 5, 2000. His right shoulder injury with fracture and muscle damage resulted in a temporary total rating based on VA hospitalization. The current disability evaluation of 40 percent for residuals of shell fragment wounds to Muscle Group VI, right, with fracture of the right humerus is upheld.

The veteran's treatment at a private hospital on February 21, 1997 was not authorized by VA and the veteran contacted VA more than 72 hours after admission. As he had no service-connected disabilities at that time, his claim for payment or reimbursement of unauthorized medical expenses is denied.

The Board denied the veteran's claim for service connection for residuals of a bilateral leg injury, finding that his current condition was not related to an in-service injury and is more likely due to fibromyalgia.

The VA determined that the veteran's right upper extremity disability, characterized by peripheral neuritis and mild fasciitis, does not meet or approximate the criteria for a higher rating.

The Board found that the veteran's neck disorder was not incurred in or aggravated by service and denied his claim for service connection.

The Board finds that the veteran does not have a current dental disability resulting from service, and there is insufficient evidence to substantiate his claim for service connection.

The Board has denied the veteran's claims of entitlement to service connection for a disorder manifested by umbilical drainage and an initial evaluation in excess of 10 percent for dyshidrosis of the hands. The evidence does not support the existence of current disability for either condition.

The Board denied the veteran's claim for an earlier effective date for TDIU, finding that the criteria were not met.

The Board denied a higher rating for the veteran's service-connected prostate cancer, evaluating it at 40 percent since November 8, 2000. The issue of service connection for a low back disorder will be addressed in a later decision.

The Board denied the veteran's claims for service connection for a skin condition, hearing loss, and residuals of a ruptured right ear drum due to lack of evidence showing a current disability or that any such disabilities were incurred in service.

The veteran's service-connected left arm disability is rated at 60 percent and prevents him from securing or following substantially gainful employment, thus meeting the criteria for a TDIU.

The veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits was granted, as the Committee found that there was no indication of fraud, misrepresentation or bad faith on his part.