Other conditions decisions — 2002

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for arthritis involving the neck and back, but it is unable to grant service connection due to a lack of evidence showing arthritis in service or a link between current disability and military service.

The veteran's claim for an earlier effective date for service connection for non-Hodgkin's lymphoma was denied as there is no legal basis to assign an effective date prior to the date of his January 10, 2000 claim.

The Board denied the appellant's request for waiver of an overpayment of $2,136.60 due to her failure to report income and her lack of financial hardship.

The Board found that the veteran acted in bad faith by failing to timely report his wife's inheritance, resulting in a $7,567 overpayment. The debt was deemed valid and recovery of this amount is precluded due to the veteran's bad faith.

The veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of the issues.

The Board denied the appellant's claim for basic eligibility for VA death benefits because her deceased spouse did not have qualifying service in the Armed Forces of the United States.

The veteran's claim for service connection for lymphoma, claimed as secondary to ionizing radiation exposure, was denied because there is no current diagnosis of lymphoma.

The veteran's appeal is dismissed due to their death, which means the Board has no jurisdiction over the case.

The Board found that the veteran did not suffer a head injury during service and there is no medical diagnosis of current traumatic brain disease. Therefore, the claim for service connection was denied.

The Board denied the appellant's request for waiver of recovery of overpayment of improved death pension benefits due to a lack of timely filing.

The Board found that the veteran does not have a current dental disorder related to service other than missing teeth, and thus denied his claims for service connection.

The Board denied the veteran's appeal for higher initial disability rating for her left biceps partial rupture and service connection for chronic upper back pain, finding that the current noncompensable evaluation adequately reflects the severity of her conditions.

The Board has determined that the effective date for a 20% disability evaluation for incisional ventral hernia should be retroactive to June 3, 1994.

The veteran's service-connected spondylosis of L4/L5, transitional thoracic vertebra, limbus vertebra of L5, and questionable history of joint space narrowing of L4/L5 is currently productive of constant low back pain and reported daily back spasm; findings include lumbosacral spine range of motion at 80 degrees for forward flexion, 25 degrees for extension, 40 degrees for lateral flexion and 30 degrees for rotation. The RO granted a 10 percent rating based on the veteran's symptoms.

The appellant is not eligible for VA death benefits as she was divorced from the veteran at the time of his death and did not meet the legal requirements to be considered a surviving spouse.

The Board granted a 10 percent evaluation for residuals of the right great toe injury.

The Board has granted the veteran's claim for service connection for non-Hodgkin's lymphoma, finding that it is at least as likely as not related to his in-service exposure to chemicals and petroleum products. The case was remanded due to conflicting theories of causation.

The Board has granted a 60 percent disability rating for the veteran's radiation proctitis, effective from the date of his claim.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim of entitlement to service connection for the residuals of a tonsillectomy, including a vocal and/or throat disorder.

The veteran's left ankle and heel disability was increased to a 40 percent evaluation effective February 23, 2000, based on the severity of his symptoms including chronic pain, tendinitis, ankylosis subtalar motion, and cystic linear swelling along the posterior tibial tendon.