Other conditions decisions — 2002

The Board has found new and material evidence to reopen the veteran's claim of service connection for residuals of a back injury, which was previously denied in November 1989.

The Board denied the veteran's attempt to reopen his claim for service connection for anaplastic lymphoma, finding that no new and material evidence had been submitted.

The VA terminated the appellant's improved death pension benefits effective October 1, 1998 due to her annual income exceeding the income limit for such benefits. The decision also noted that evidence did not warrant resumption of the benefits.

The Board found that an effective date earlier than October 1, 1998 for the award of DIC is not warranted due to the appellant's marriage being less than one year and lack of children born from it. The January 1970 decision denying DIC was final.

The veteran's claim for service connection for a dental condition due to an April 1986 service injury was denied. The VA examiner found no current dental defect or loss of teeth related to the service injury, and thus service connection is not granted.

The veteran's cause of death was due to pulmonary edema and lung cancer with metastasis, but his service-connected bronchial asthma did not contribute substantially or materially to the cause of death. The claim for asbestos exposure as a cause of death is denied.

The veteran's PTSD was rated at 10 percent from January 31, 1996 to August 14, 1997 and at 50 percent thereafter. The RO granted service connection for PTSD in July 1996.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits, finding that the appellant acted in bad faith in creating the debt. The Board concluded that recovery would not result in undue hardship or unjust enrichment.

The Board has reopened the veteran's claim of service connection for staph marginal keratitis of the left eye due to new and material evidence submitted since the last denial. The case will be further developed before a final decision is made.

The veteran's claims for increased ratings and service connection were denied. His rating for residuals of a gunshot wound to the left lung was increased to 30 percent, but he remains seeking higher benefits.

The VA determined that the veteran's right eye vision loss was not caused by or related to treatment at a VA medical facility in February 1998, and thus denied his claim for disability compensation under 38 U.S.C.A. § 1151.

The Board found that authorization for the veteran to receive treatment at non-VA facilities for a nonservice-connected right hand injury in October 1991 was not warranted, and denied both issues of whether VA should have authorized such treatment and payment or reimbursement for unauthorized medical expenses.

The Board has determined that the veteran does not have a current neurological disorder manifested by numbness of the hands and feet, which was incurred in or aggravated by service.

The veteran's claim of CUE in the February 16, 1977 rating decision was denied. His entitlement to an initial evaluation for traumatic arthritis of the right mid tarsus and subtalar joints was granted with a noncompensable evaluation effective September 17, 1998.

The Board found that the veteran's right inguinal herniorrhaphy had improved and no longer required a 30% rating, thus reducing it to 10%. The reduction was proper as there was improvement in his condition.

The veteran's claims for service connection for mental anguish and impotence, as well as the associated effective dates, were denied. The veteran's prostatectomy was rated at 10%, but his claim for a compensable evaluation of impotence remains pending.

The Board denied service connection for a bilateral leg disability and granted service connection for spondylosis of the lumbar and thoracic spine with spondylolisthesis of the lumbar spine. The veteran's claim for increased ratings for his back condition was also denied, but he received an initial 20 percent rating effective October 31, 1997.

The Board has determined that the veteran's somatization disorder warrants a 70 percent disability rating, which is the maximum schedular rating available under Diagnostic Code 9421.

The Board denied the veteran's claims for service connection for a left varicocele and a nervous condition, finding no new and material evidence to reopen the claim for a left varicocele and concluding that the veteran's current nervous condition is not related to his military service.

The Board has determined that the veteran does not have a current right index finger condition and his nervous condition is not proximately due to or the result of a service-connected disability. Therefore, both claims for service connection are denied.