Other conditions decisions — 2002

The Board denied the veteran's claim for outpatient dental treatment and related dental appliances, finding that he was not eligible based on the provisions of 38 C.F.R. § 17.123b (1995).

The veteran's keratitis of the left eye and contusions of the os calcis, bilateral were granted increased ratings of 10% each for the period from September 30, 1992 to November 19, 1996.

The Board found that the overpayment of $18,386 was properly created and not due solely to administrative error. The veteran's actions did not constitute fraud, misrepresentation or bad faith on the part of the appellant as to the overpayments of his pension benefits in the amount of $18,386.

The veteran's left lower leg thrombosis was evaluated at 30 percent from February 1, 1997 to January 11, 1998. A separate 10 percent evaluation for mild neuropathy of the left lower extremity was granted during this period. From January 12, 1998 to July 21, 1998, a 60 percent evaluation was granted for thrombosis with retained foreign body affecting muscle group XI in the left calf. The veteran's claim for an evaluation in excess of 60 percent from July 22, 1998 remains pending.

The Board denied service connection for the cause of the veteran's death due to a fatal lymphocarcinoma, which was not related to his military service.

The Board denied the appellant's application to reopen his claim of entitlement to service connection for retinochoroiditis with a history of chorioretinitis and iritis of the left eye, finding that new and material evidence had not been submitted.

The Board has granted service connection for dermatophytosis of the feet and assigned a non-compensable evaluation.

The Board denied service connection for the cause of the veteran's death due to pancreatic cancer, finding no evidence linking it to active service or any presumptive conditions.

The Board denied the veteran's claim for service connection for a jaw condition, finding that no new and material evidence had been presented.

The Board found no evidence of arthritis during service or post-service, and denied the veteran's claim for service connection.

The Board has determined that the veteran's residuals of a fracture of the right medial malleolus, talus navicular with arthritis and limitation of motion warrant an increased evaluation to 40 percent, which is the maximum rating allowed under Diagnostic Code 5284.

The Board denied the veteran's claims for an increased rating for residuals of a laceration wound and service connection for residuals of a fracture of the right fibula with muscle damage, finding that his current disability did not warrant a higher rating based on the evidence provided.

The Board denied the veteran's claim of entitlement to service connection for a bilateral leg disability, including Buerger's disease. The evidence did not show that the current leg condition was incurred in or aggravated by military service.

The Board has reopened the veteran's claim of entitlement to service connection for a left hip disorder due to new and material evidence submitted since the March 1973 decision. The issue will be further developed before being adjudicated on the merits.

The Board has granted service connection for the veteran's residuals of a left foot injury, finding that his current disability is linked to the inservice injuries he sustained in 1987. The claim for service connection for residuals of a left ankle injury was also granted as new and material evidence had been submitted.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for coccidioidomycosis, which was previously denied in March 1949. The reopened claim will now be evaluated on its merits.

The Board has granted service connection for residuals of cold injury to the hands, feet, and nose, as well as peripheral vascular disease. The claim for residuals of cold injury to the ears was denied.

The Board found that the veteran's claimed disabilities were not caused by negligent or careless administration of prescription medication, and thus denied his claim under 38 U.S.C. § 1151.

The Board denied the veteran's claim for service connection for a cardiovascular disability, including paroxysmal atrial fibrillation, as it did not meet the criteria of an injury or acute myocardial infarction, cardiac arrest, or cerebrovascular accident incurred during inactive duty training.

The Board has remanded the case due to new evidence and procedural issues, including a need for additional medical examination or opinion.