Other conditions decisions — 2002

The Board denied the appellant's claim for an apportioned share of her ex-husband's VA disability compensation benefits, finding that she was not entitled to such benefits due to her financial self-sufficiency and the fact that her divorce from him is valid.

The Board denied the veteran's claim to reopen his service connection for a right lower extremity disorder, finding that the evidence submitted was not new and material.

The Board of Veterans' Appeals denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits, finding that recovery would not be against equity and good conscience due to the fault of the veteran in creating the overpayment.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits, finding that her actions constituted bad faith.

The Board has determined that the reduction of the 30 percent evaluation for the service-connected left knee disability to 20 percent was improper, and denied the veteran's claim for an increased rating for his right knee disabilities.

The Board has granted a 40 percent evaluation for the veteran's service-connected residuals of a back injury, effective March 23, 1999. The right ear hearing loss is rated as noncompensable.

The Board has reopened the claim of service connection for ulcerative colitis due to new and material evidence submitted since the September 1990 rating decision.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a gastrointestinal disorder. The veteran's long history of treatment for continuing gastrointestinal complaints, along with statements from his treating physician and daughter, supports the conclusion that his peptic ulcer disease may have had its origins in service.

The Board finds that the veteran did not suffer additional disability to his left elbow as a result of physical therapy at a VA facility in December 1994.

The Board has granted an apportionment of $42 monthly from the veteran's VA disability compensation for his minor child, J.T.J., finding that the appellant demonstrated financial hardship and that the veteran did not face undue economic hardship.

The VA determined that the veteran's Raynaud's disease did not warrant a rating higher than 20 percent, as it did not meet criteria for more severe manifestations.

The Board found that the veteran's impotence was not incurred in or aggravated by wartime service and is not proximately due to or the result of his service-connected prostatitis. The veteran's increased evaluation for chronic prostatitis was granted, with a rating assigned at 10 percent.

The Board denied service connection for bilateral defective hearing and a dental disorder (including a disorder of the wisdom teeth) due to lack of evidence showing these conditions were incurred or aggravated by active military service.

The VA denied the veteran's claims for an increased rating for depressive neurosis and service connection for diabetes mellitus. The decision found that there was no evidence of a higher rating prior to October 17, 1997 and insufficient evidence linking current diabetes mellitus to active service.

The Board denied the appellant's claims of entitlement to service connection for alcoholism and carcinoma of the esophagus secondary to PTSD, as well as her requests for an initial rating for PTSD in excess of 50 percent and a total rating based on individual unemployability. The appeals were all denied due to lack of legal merit.

The Board denied the veteran's claims for service connection for dental disability for compensation and treatment purposes due to the extraction of tooth number 18 during his military service. The Board found that the condition was not compensable as a result of trauma or disease, but rather as part of routine dental treatment.

The Board has granted a 100 percent rating for bilateral tubal ligations with adhesions, post total abdominal hysterectomy, and removal of ovaries effective January 25, 2002.

The Board has restored the veteran's 100 percent evaluation for manic-depressive reaction, effective March 1, 1978.

The Board has denied the claim for service connection for the cause of the veteran's death, finding that it is not warranted based on the evidence provided.

The veteran's claim for a total disability rating due to individual unemployability (TDIU) was denied as mooted by the assignment of a 100 percent schedular rating effective April 16, 1992.