Other conditions decisions — 2002

The Board has determined that the veteran's left shoulder disability, specifically rotator cuff strain, warrants a 10 percent rating from November 28, 2000 onwards. The previous non-compensable rating was maintained until then.

The Board found that the veteran's current dental problems do not constitute residuals of a left jaw injury sustained during service, and thus denied his claim for service connection.

The claim for certification of loan guaranty benefits under 38 C.F.R. § 3.805 is denied because the appellant does not meet the criteria due to denial of service connection for the cause of the veteran's death.

The veteran's appeal for a temporary total rating due to a period of convalescence following surgery in May 1997 was denied. The issue regarding CUE in the March 5, 1992, RO rating decision which did not grant service connection for laryngitis is also pending and will be resolved after the effective date question is addressed.

The veteran's claim of entitlement to service connection for dental disability due to trauma in service is denied. The Board found that the veteran does not have a service-connected condition, and there is no evidence linking his current dental issues to any incident during service.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no medical evidence linking his cancer to Agent Orange exposure or to larynx cancer.

The Board denied the veteran's claims for service connection for arthritis due to exposure to Agent Orange and PTSD. The evidence submitted did not meet the criteria for reopening the claim of arthritis, as no new and material evidence was provided.

The Board denied the veteran's claim for service connection for post-traumatic-stress-disorder (PTSD) due to a lack of objective evidence demonstrating exposure to an in-service stressor sufficient to support a valid diagnosis of PTSD, and because there was no current diagnosis of PTSD related to verified military service.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for recognition as the veteran's surviving spouse, allowing her to proceed with her appeal.

The veteran's residuals of a radical prostatectomy required absorbent materials to be changed more than four times daily during the period from June 1, 1999 to August 10, 1999, warranting a 60% rating.

The Board denied the appellant's claims for an initial rating in excess of 10 percent for his service-connected right knee disability and denied entitlement to an effective date earlier than November 27, 1996 for the grant of service connection for a right knee disability.

The Board dismissed the appeal because the appellant died during the pendency of the appeal and thus has no jurisdiction to adjudicate the merits of her claim.

The Board has granted the waiver of recovery of overpayment of compensation benefits in the amount of $8,484.00.

The veteran's income for the period from January 1, 2000 to December 31, 2000 was found to be in excess of the maximum allowable amount for non-service-connected disability pension benefits.

The Board has determined that the evidence submitted since the May 1994 rating decision is not new and material, thus denying the veteran's application to reopen his claim of service connection for a duodenal ulcer.

The RO has granted compensation for a partial brachial plexopathy of the veteran's right arm, but the case is being remanded due to incomplete development and adjudication.

The veteran withdrew his appeal, effectively removing the issue from appellate status.

The Board denied the veteran's claims for service connection for lipomas, seborrheic keratosis, and basal cell carcinoma (skin cancer) as they are not related to his military service or exposure to ionizing radiation.

The Board has determined that the veteran incurred additional disability consisting of chronic prostatitis and a left testicular disorder after undergoing VA prostate biopsy in November 1987, which changed a subclinical prostatitis to a clinical one. The Board grants benefits under the provisions of 38 U.S.C.A. § 1151.

The Board has determined that a compensable rating for impotency since December 11, 1990 is not warranted.