Other conditions decisions — 2002

The Board denied a higher initial evaluation for the veteran's service-connected left leg shin splints, finding that the disability did not meet the criteria for a compensable evaluation.

The Board finds that the veteran experienced back, hip, and leg pain in service, which is considered a direct connection to his current multiple myeloma. The claim is granted.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA improved death pension benefits in the amount of $19,312.00 due to her misrepresentation of material facts regarding her employment and income.

The Board has determined that the appellant does not meet the legal criteria for basic eligibility for VA nonservice-connected pension benefits due to their service with the New Philippine Scouts, which is not considered active military, naval or air service.

The veteran's service-connected disabilities, including cold injury residuals and peripheral vascular disease, do not preclude his participation in all forms of substantially gainful employment.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for bilateral macular degeneration, which was previously denied. The Board also found that the disability first manifested during active duty.

The Board denied the veteran's claim of service connection for craniotomy and shunt replacement, finding no evidence linking these conditions to his military service.

The Board of Veterans' Appeals declared a forfeiture against the veteran for knowingly submitting false information in connection with his claim for benefits, specifically listing F.R. as his daughter on an application form and providing false birth and baptismal certificates. The decision is final and denies the appeal to remain eligible for VA benefits.

The Board has determined that the appellant's father did not have qualifying service as a veteran, and therefore does not meet the eligibility requirements for VA burial benefits.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a gastrointestinal disorder, variously claimed as a hiatal hernia or an ulcer. The veteran's claims were previously denied due to lack of evidence showing an ulcer condition during service.

The Board found no current evidence of ear infections and denied the veteran's claim for service connection.

The Board denied the veteran's claim for an increased disability evaluation for onychomycosis of the toenails bilaterally, finding that his symptoms did not warrant a higher rating.

The Board has granted service connection for dysthymia, finding that the veteran's current condition is related to his service in the Persian Gulf War. The fatigue and memory loss are not considered due to an undiagnosed illness as they are attributed to the diagnosed disorder of dysthymic disorder.

The Board has granted service connection for PTSD and assigned a 30 percent rating, effective from March 13, 2000. The application to reopen claims of service connection for duodenal ulcer and malaria was denied due to lack of new and material evidence.

The veteran's service connection claim for right hand disability is denied. The claims for residuals of an injury of the left middle finger and left hand disability other than residuals of an injury of the left middle finger are granted.

The Board denied the veteran's claims of entitlement to a higher initial rating for his service-connected left eye subcapsular cataract and denied his claim for service connection for periodontal disease for compensation purposes.

The veteran's claim for an increased evaluation for residuals of status post ORIF right lateral tibia plateau is denied. The current rating of 10% is still appropriate.

The Board found that the veteran's left brachial plexus neuritis, which is currently evaluated at 30 percent under Diagnostic Code 8613 for moderate incomplete paralysis of all radicular groups in a minor extremity, does not warrant an evaluation higher than 30 percent.

The Board found that the appellant's failure to notify VA of her remarriage did not constitute fraud, misrepresentation or bad faith. The overpayment was created due to her actions and no further development is required as all relevant evidence has been obtained.

The Board has determined that the veteran's service-connected right heel and left ankle fractures do not warrant an evaluation in excess of 30 percent, except for periods where temporary total ratings were assigned. The veteran's disabilities are currently rated as 30 percent disabling.