Other conditions decisions — 2002

The Board has determined that the veteran's residuals of a right lung apex partial spontaneous pneumothorax are primarily manifested by chronic recurring chest pain especially on strenuous activity and exposure to cold weather due to related pleural adhesions and scarring, warranting an increased (compensable) evaluation of 10 percent under the old criteria.

The Board has granted the veteran's request for an extension of his delimiting date for educational assistance under Chapter 1606, Title 10, United States Code, based on his service during the Persian Gulf War.

The veteran's service is not considered qualifying for the benefit sought, and therefore the appellant has no legal entitlement to VA survivors' pension benefits.

The Board denied the appellant's claim for VA benefits due to a lack of valid documentation verifying his qualifying military service, and evidence obtained by VA from United States military records custodians showed no qualifying military service for VA benefits purposes.

The Board denied the reopening of the claim for service connection for a lung disorder, finding that new and material evidence had not been submitted.

The veteran's service with the New Philippine Scouts from August 1946 to May 1949 does not meet the requirements for basic eligibility for nonservice-connected pension benefits.

The Board denied the veteran's claim of entitlement to VA benefits on the basis of permanent incapacity for self-support of his daughter prior to attaining the age of 18 due to a serious mental condition that existed before she turned 18.

The Board denied an increased rating for the service-connected bilateral vision impairment, with status post intraocular lens implant of the left eye, as the evidence did not show greater impairment than currently demonstrated.

The Board denied restoration of a 100 percent schedular rating for non-Hodgkin's lymphoma due to Agent Orange exposure. The Board granted increased evaluations for post-traumatic stress disorder (PTSD) prior to February 25, 2002 and on and subsequent to that date.

The Board has determined that the veteran's duodenal ulcer does not meet or approximate the criteria for a higher evaluation, and therefore denied his claim for an increased rating.

The Board denied the veteran's claim for an earlier effective date for service connection of papillary urothelial carcinoma of the bladder, postoperative, finding that the earliest date from which service connection can be granted is March 20, 2001.

The Board denied the veteran's claim for a waiver of recovery of an overpayment of nonservice-connected disability pension, finding that repayment would not violate principles of equity and good conscience.

The Board denied the veteran's claim for service connection for residuals of a head injury, finding no current disability and noting that his service medical records did not show any further complaints or treatment related to a head injury.

The veteran's metastatic colorectal cancer was not incurred in or aggravated by service, including exposure to Agent Orange. The claim for a TDIU rating is denied as the veteran does not have any service-connected disabilities.

The Board has remanded the case for further development and consideration of a claim for service connection for a skin disorder, including as due to Agent Orange exposure. The veteran's representative requested clarification on whether his tinea pedis warranted a compensable rating.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for blurred vision due to treatment at a VA facility, finding that there was no evidence linking his complaints of blurred vision to the VA treatment.

The Board denied service connection for the cause of the veteran's death, concluding that his esophageal cancer was not caused by mustard gas exposure during active service and that his hypertension did not contribute to his death.

The Board has determined that the veteran's service-connected cholelithiasis, status post cholecystectomy, is essentially nonsymptomatic and does not meet the criteria for an initial compensable evaluation.

The Board finds that the appellant's claim for an earlier effective date for a 10% evaluation for residuals of left big toe fracture is not warranted, as the earliest claim was received on July 20, 1995. The December 1985 rating decision denying a compensable evaluation did not involve clear and unmistakable error.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for residuals of a left hip injury, which was previously denied in May 1999. The veteran now has a diagnosis of chronic left hip trochanteric bursitis.