Other conditions decisions — 2002

The Board denied the veteran's claim for service connection for a left ear disability, including otitis externa and otitis media, finding that there was no evidence of chronicity during service or continuity of symptoms after service.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved disability pension benefits, finding that it would not be against equity and good conscience to require repayment.

The veteran's claim for an earlier effective date for his service-connected mullerian duct cyst and a 30% disability rating for gastroesophageal stricture with reflux and hiatal hernia (claimed as dysphagia) was granted. The effective dates are set at November 26, 1997, for the mullerian duct cyst and April 10, 1997, for the gastrointestinal disorder.

The veteran's claim for an effective date prior to August 24, 1999 for the grant of service connection for complete loss of sense of smell is granted. The VA physician and a private physician concur that the veteran lost his sense of smell due to a blast injury in Italy during World War II.

The Board denied the appellant's request for an apportionment of the veteran's nonservice-connected pension benefits, finding that it would cause undue financial hardship to the veteran.

The Board finds that the veteran's unauthorized medical expenses incurred at a non-VA facility in October 1998 do not meet the criteria for payment or reimbursement due to the availability of VA facilities and the lack of an emergency situation.

The Board found no evidence of chronic knee or elbow disorders in service and denied the veteran's claims for service connection.

The Board of Veterans' Appeals has determined that the veteran's HIV and AIDS were incurred during his active service, and thus grants the claim for service connection.

The Board has granted a 10% rating for the service-connected ostectomy of the left fifth metatarsal, effective August 4, 2001. The claim for an increased rating for the fracture to the right distal fibula remains denied.

The Board denied the veteran's claim for service connection for the cause of his death due to cancer, finding that there was no evidence linking the cancers to military service or Agent Orange exposure.

The Board found that the veteran's current 30 percent rating for his service-connected residuals of a through-and-through gunshot wound to the right upper trunk, with Muscle Group II involvement, is appropriate as it represents the maximum schedular evaluation allowed under Diagnostic Code 5302.

The Board denied the veteran's claim for an earlier effective date for compensation under 38 U.S.C.A. § 1151, finding that there was no legal basis to assign an evaluation back to the time of his surgery in August 1991.

The Board found that the veteran's service-connected pterygium of the right eye did not cause any impairment to his vision, and thus did not meet the criteria for a compensable rating. The claim was denied.

The veteran's claims for increased evaluations for residuals of a gunshot wound to the right hip and arthritis of the right hip were denied as his conditions did not warrant an evaluation in excess of the current ratings.

The Board denied the veteran's claim for service connection for residuals of an eye injury, including a retinal tear of the left eye with history of vitreous floaters and iritis, retinal artery occlusion of the right eye and myopia. The evidence submitted since the October 1988 denial did not provide new or material evidence to support reopening the claim.

The Board has determined that the veteran's service-connected sensory deficit of the left lower extremity with retained foreign body warrants a 30 percent evaluation, reflecting severe incomplete paralysis.

The appellant is not entitled to additional educational benefits under Chapter 34 and Chapter 35, Title 38 United States Code due to the aggregate period for which any person may receive assistance from two or more programs being limited to 48 months.

The Board has granted a 30 percent evaluation for the veteran's dermatophytosis, finding that it warrants such an increase based on symptoms including scaling, xerosis, and itching. The decision also notes that the disability is not so severe as to warrant a higher rating.

The Board found that the reduction in the evaluation of the veteran's Non-Hodgkin's lymphoma from 100 percent to 30 percent for the period from August 1, 1992 to October 22, 1995 was proper.

The Board has determined that the appellant's current Achilles tendinitis of the right foot is related to his injury in service, and thus grants service connection for this condition.