Other conditions decisions — 2002

The Board denied the veteran's claims for service connection for a stomach condition and nephrotic syndrome with peritonitis, finding that there was no evidence of such conditions during or related to his military service.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to a lack of evidence showing that the VA surgical treatment in December 1994 involved carelessness, negligence, or error in judgment.

The veteran's claim for reimbursement of unauthorized private medical services incurred at Desert Hospital on December 13, 1997 was denied because the treatment was not emergent and no VA or other Federal facilities were feasibly available.

The Board found that the evidence submitted by the appellant since April 1979, which includes duplicate copies of her marriage certificate and Navy benefits documents, is not new or material to reopen her previously denied claim for recognition as the surviving spouse of the veteran.

The Board denied the motion for revision or reversal of a September 3, 1997 decision on grounds of clear and unmistakable error. The moving party argued that new and material evidence supported his claim for service connection for residuals of a head injury.

The Board denied the appellant's claim of service connection for multiple skin disorders, finding that they are not related to his service or exposure to Agent Orange.

The Board has granted a 20 percent evaluation for the veteran's service-connected nodule of the upper pole of the left testicle, and denied a separate service-connected rating for urinary incontinence as secondary to this disability.

The Board denied an extraschedular evaluation for the service-connected left elbow disability, maintaining a rating of 30 percent based on arthritis and limitation of motion.

The Board has granted a 10 percent evaluation for the veteran's service-connected right knee disability, which is manifested by mild spurring at the lateral joint line and slight limitation of motion. The decision also notes that there was no severe loss of function due to pain on motion or other symptoms.

The Board has reopened the veteran's claim for service connection for residuals of a right thumb injury and granted service connection for a right hand disorder due to cold injury. The evidence presented is considered new and material, and the claims are now reviewed.

The Board denied service connection for a dental disorder and lung disability, but granted a compensable initial rating of 20% for hearing loss in the left ear.

The Board denied increased ratings for chondromalacia patella of the left and right knees, finding no evidence of instability or tenderness. The current evaluations are deemed sufficient.

The Board has denied service connection for a skin disorder of the feet and groin on direct basis. The issues of sinusitis, dizziness, post-operative residuals of a tumor of the left iliac crest, and a skin disorder of the feet and groin claimed as secondary to exposure to Agent Orange are still pending.

The Board denied the veteran's claim for an increased evaluation for his residuals of a shell fragment wound of the back, currently rated at 20 percent. The disability is considered moderately severe.

The Board denied an increased disability rating for the veteran's varicose veins of the right leg, finding that prior to February 17, 2000, the condition did not meet criteria for a higher than 20 percent rating. As of March 18, 2000, the RO increased the disability rating to 40 percent.

The Board has determined that the veteran's disability of the left second, fourth, and fifth fingers is secondary to his service-connected left third finger disability.

The Board denied the veteran's claim for service connection for purposes of obtaining VA dental treatment because there was no evidence of a service-connected disability resulting from trauma or combat wounds.

The Board denied the veteran's claim for service connection for a cardiovascular disability, claimed as secondary to his service-connected PTSD. The evidence did not show any manifestation of a cardiovascular disability during service or within one year after separation from active military service.

The Board denied the veteran's claims for service connection for bullous emphysema and an increased rating for postoperative residuals of spontaneous pneumothorax, finding that there was no evidence linking these conditions to his military service or service-connected condition.

The VA denied an increased rating for sacroiliac weakness, finding that the current 10 percent rating adequately reflects the veteran's symptoms and findings.