Other conditions decisions — 2002

The Board denied service connection for lung cancer secondary to tobacco use and the cause of death due to metastatic non-oat cell cancer of the lung, finding no evidence linking these conditions to service.

The Board denied the veteran's claim for service connection for adenocarcinoma of the cecum, finding that it was not incurred in active service and is not related to a service-connected disability.

The Board denied the appellant's claim for service connection for lung cancer, finding no competent medical evidence linking his radiation exposure in service to his current adenocarcinoma of the lung. The preponderance of the evidence is against a grant of service connection under any method.

The Board denied a rating higher than 20 percent for postoperative varicose veins of the left leg, finding that the veteran's symptoms did not meet the criteria for a higher rating.

The veteran's appeal has been dismissed due to his death.

The Board denied the appellant's claim for payment or reimbursement of unauthorized private medical expenses incurred in January 2000, finding that she did not meet the legal requirements due to her lack of service-connected disabilities and other eligibility criteria.

The Board has granted an initial disability rating of 30 percent for the veteran's right knee condition, characterized by significant instability and tears of the ACL and MCL. The decision is based on the severity of these conditions rather than any service connection theory.

The Board denied a rating in excess of 10 percent for the veteran's residuals of basal cell carcinoma, finding that his disability manifested by moderate disfigurement.

The veteran's appeal for service connection for emphysema, claimed as secondary to inservice tobacco use or nicotine dependency, was dismissed due to the death of the appellant.

The veteran's paraplegia resulted from postoperative complications of surgery on November 14, 1991, during a period of hospitalization at a VA Medical Center (VAMC).

The Board has determined that the veteran's shoulder disabilities do not warrant a rating higher than 10 percent, as there is no evidence of limitation of motion or functional loss due to pain. The veteran's complaints are considered in conjunction with objective findings and medical examinations.

The Board found that the veteran's decreased visual acuity due to myopia was not incurred in or aggravated by service, as it is a congenital defect not subject to service connection.

The Board has determined that the effective date for a total schedular disability evaluation for right below-the-knee amputation with loss of use of the left foot is February 18, 1988.

The VA denied the veteran's claim for basic eligibility to VA benefits due to a lack of verified service in the Philippine Commonwealth Army, including recognized guerrilla service.

The Board denied the veteran's claim for an earlier effective date of service connection for residuals of frozen feet with nerve damage, finding that the evidence did not meet the criteria for an earlier effective date.

The Board found that recovery of the overpayment would be against equity and good conscience, thus granting the veteran's waiver request.

The Board found no evidence of a fungal infection during service and denied the claim for service connection.

The veteran's appeal has been dismissed due to his death.

The Board denied the veteran's request for a waiver of recovery of an overpayment in VA improved pension benefits, finding that recovery would not be against equity and good conscience due to the lack of fault on the part of the veteran and the absence of undue financial hardship.

The Board dismissed the appeal due to the veteran's death, and thus has no jurisdiction to adjudicate the merits of this claim.