Other conditions decisions — 2002

The veteran's claim for an evaluation in excess of 10 percent for service-connected carcinoma of the prostate is denied due to his failure to report for VA examinations.

The Board has denied the veteran's claim for a higher initial evaluation of his service-connected left hip fracture, finding that the current rating of 10 percent is appropriate based on the evidence provided.

The Board has determined that the veteran's lung disorder is not secondary to his service-connected residuals of malaria, and there are no compensable residuals of malaria.

The veteran's appeal has been dismissed as he withdrew his appeal with respect to the increased evaluation for a laceration wound of the right web space of the hand involving muscle group IX.

The veteran's claim for an increased rating for residuals of a left fifth metatarsal fracture was denied as he repeatedly failed to report for VA examinations.

The Board found no evidence linking the veteran's acute myocardial infarction to his military service or a service-connected disability, and thus denied service connection for the cause of death.

The Board found that the overpayment of VA special monthly pension was properly created due to the veteran's failure to report his spouse's income and SSA benefits. The Board also determined that the veteran had bad faith in not reporting this information, which precluded waiver of recovery of the overpayment.

The Board determined that there is no evidence to support a connection between the veteran's current right breast cancer and her service, including a biopsy performed in 1983. The Board found insufficient medical opinion supporting the theory of causation.

The Board found that the appellant and the veteran were first cousins, making their marriage void under Philippine law. Therefore, the appellant's claim for recognition as the surviving spouse of the veteran was denied.

The Board's May 1984 decision is overturned, and the veteran is granted a 20% rating for partial amputation through the ungual tuft of the distal phalanx of the right thumb under Diagnostic Code 5152, and a separate 10% rating for tender and painful scarring of the right thumb.

The Board has determined that the maximum schedular rating of 10 percent for residuals of excision of a left groin sinus tract, consisting of a scar, has been assigned. The requirements for an extraschedular rating have not been met.

The Board denied service connection for cerebral cortex atrophy, finding no current disability resulting from the atrophy visualized in service.

The Board has determined that the veteran's right calf disability, now characterized as focal hematoma of the right gastrocnemius muscle, medial head, warrants a 20 percent evaluation.

The Board denied an initial compensable evaluation for right foot hallux valgus, finding the evidence did not meet the criteria for a 10% rating due to lack of severe disability equivalent to amputation of the great toe.

The RO granted service connection for bilateral varicose veins and assigned a 30 percent evaluation effective from the date of discharge in September 1994. The veteran's claim for higher ratings remains pending.

The Board denied the veteran's claim for VA outpatient dental treatment, finding that there was no evidence of service-connected dental injury. The appeal is dismissed.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for a hole in the left retina as a result of cataract surgery, but the claim has not been well-grounded and further development is needed to determine if VA carelessness or negligence occurred during the December 1998 procedure.

The Board has determined that new and material evidence has not been presented to reopen the claim of entitlement to service connection for stomach disability. The veteran's statements regarding treatment during service are considered insufficient to establish a link between his current condition and service.

The Board has determined that the veteran's right wrist disability, including arthritis, warrants a 20 percent rating but not an increased one.

The veteran's claim for an earlier effective date for the grant of service connection for stress fractures, both knees and ankles with episodes of ligament strain was denied by the Board. The decision found that the preponderance of evidence did not support a prior effective date before November 16, 1999.