Other conditions decisions — 2002

The Board denied the veteran's claim for an increased disability evaluation for his service-connected shrapnel wounds of the right calf with multiple retained foreign bodies, finding that the criteria for evaluating muscle injuries did not make any substantive changes and that the residuals manifested by moderately severe pain in the right calf do not warrant a higher rating.

The Board denied an increased evaluation for degenerative changes in the dorsal spine, currently rated at 10 percent.

The Board has determined that the veteran's residuals of a contusion and infection of the right mid-tibial cortex do not warrant an evaluation in excess of the current 10 percent rating.

The Board has determined that the veteran's fatal prostate cancer likely developed during his extensive period of service, and thus grants service connection for the cause of the veteran's death.

The VA determined that the veteran's service-connected infraorbital fracture and facial injury involving nerve damage do not warrant an evaluation in excess of 10 percent.

The Board has determined that the veteran's peptic ulcer disease originated during his active military service and grants entitlement to service connection for this condition.

The veteran's claim for service connection for polycythemia vera as residual to ionizing radiation exposure was denied because the disease is not considered a radiogenic disease under VA regulations, and there is no evidence of radiation exposure in his service records.

The Board denied the veteran's claim for an increased rating for his service-connected residuals of shell fragment wounds to the right arm, buttock, and thigh. The evidence showed that he had well-healed scars without any limitation of function or muscle involvement.

The Board has granted service connection for a mood disorder with depressive features and a total rating based on individual unemployability, but the effective dates requested by the appellant are still under consideration.

The veteran's claim for nonservice-connected disability pension benefits is denied. The Board finds that the veteran does not have legal entitlement to these benefits due to the nature and dates of his service, which renders him ineligible under applicable law. Additionally, the veteran's claimed USAFFE service from December 12, 1941 to September 17, 1942 is not established by the relevant service department.

The Board finds that the veteran's children did not meet the criteria for additional nonservice-connected disability pension benefits as they were neither in his household nor reasonably supported financially by him.

The appellant's claim for basic eligibility for VA dependency and indemnity compensation (DIC) benefits is denied as he does not meet the criteria for receiving such benefits.

The Board has remanded the case for additional development due to new evidence and procedural issues.

The Board denied the appellant's waiver request for overpayment of VA improved death pension benefits, concluding that recovery would not be against equity and good conscience due to her fault in creating the overpayment.

The Board found no clear and unmistakable error in the September 1958 rating decision that denied service connection for hammertoes of the right foot, as the RO had a sound medical basis to conclude that the condition was congenital or developmental.

The veteran's service-connected lichen planus is manifested by constant itching, extensive lesions and extensive exfoliation involving various body parts. The Board has determined that the disability picture more nearly approximates the criteria for a 50 percent rating.

The veteran's unauthorized medical expenses incurred on November 17, 1998 were denied as he does not have any adjudicated service-connected disabilities and is not a participant in VA's Chapter 31 rehabilitation program.

The veteran's appeal for compensation for a bilateral leg disability, with edema and loss of use of the feet, due to medication provided by VA under the provisions of 38 U.S.C.A. 1151 was dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has determined that the veteran's facial tic is not an additional disability incurred as a result of VA treatment and therefore, compensation under 38 U.S.C.A. § 1151 for a facial tic due to VA dental treatment is denied.

The veteran's service-connected fractured coccyx is currently rated at a noncompensable level. The Board has determined that the evidence supports an increased rating to 10 percent, which is the maximum under applicable criteria.