Other conditions decisions — 2002

The Board denied the veteran's claims for an increased rating for his left inguinal hernia and for a total disability rating based on individual unemployability due to service-connected disabilities. The veteran was found not to meet the criteria for higher ratings under applicable diagnostic codes.

The Board found that the veteran's death was not caused by a service-connected disability, nor did any service-connected disability cause or contribute to his death. The criteria for entitlement to DIC benefits under 38 U.S.C.A. § 1318 were also not met.

The Board denied the appellant's claim for an effective date earlier than March 1, 1999, for reinstatement of DIC benefits following remarriage and termination of marriage. The decision stated that the earliest possible effective date would be a year before the claim was received, with payment to commence as of the first day of the next month.

The veteran's claims for increased ratings have been granted, with the highest available evaluations under applicable diagnostic codes.

The Board denied the veteran's claims for increased evaluations for his service-connected gastrointestinal and left knee disabilities, finding that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Board denied an evaluation in excess of 30 percent for non-Hodgkin's lymphoma from February 1, 1992 to July 31, 2000. The veteran was granted a compensable rating (10%) for the period starting August 1, 2000.

The Board denied the veteran's claim for waiver of recovery of an overpayment of improved pension benefits due to her failure to timely file a request within the required time frame.

The Board has determined that the veteran does not have residuals of fractures of the neck and back that were incurred in or aggravated by service.

The Board denied service connection for occipital neuritis, finding that the veteran's current condition does not meet the criteria established by VA regulations.

The Board denied the appellant's claim for service connection as her disability resulting from hysterectomy, salpingo-oophorectomy and repair for vaginal prolapse, cystocele, and rectocele is not related to her service-connected squamous cell insitu of the cervix.

The Board denied the veteran's claims for higher evaluations of his back disability and gout, finding that the current evaluations were appropriate based on the evidence of record.

The Board denied service connection for an intestinal disability, to include colon polyps and granted a 40 percent evaluation for degenerative joint disease of the lumbosacral spine. The appellant's claim for service connection was not supported by current evidence of a present disability.

The Board has determined that the veteran's right hand disability, specifically his status post cable graft to the right anterior interosseous nerve, warrants a 50 percent rating, effective from December 1999.

The Board granted a 10 percent disability rating for conjunctivitis, which is the maximum schedular rating available under VA regulations.

The veteran's claim for retroactive pension benefits was denied because it was not received within one year from the date on which he became permanently and totally disabled.

The Board has found that the veteran's bilateral hip disorder, diagnosed as avascular necrosis, was not incurred in or aggravated by his active service or due to his service-connected low back disability.

The Board denied the veteran's request to reopen his claim of service connection for residuals of a giant cell tumor of the right tibia as secondary to a service-connected right third metatarsal fracture, finding that new and material evidence had not been presented.

The Board denied the veteran's claim for service connection for pilonidal disease, finding that his preexisting condition did not worsen during service.

The Board denied the appellant's claim for VA benefits due to a lack of service in the Philippine Commonwealth Army, finding that NPRC determined he did not have the requisite service. The appellant was unable to provide verification of his military service.

The Board has determined that the veteran's claims of entitlement to service connection for back and leg disabilities were denied as not well grounded due to lack of evidence showing a current disability during or related to service.