Other conditions decisions — 2002

The Board denied the veteran's claim for service connection for somatoform pain disorder, concluding that it was not incurred in or aggravated during his period of active military service and is not etiologically related to conditions diagnosed and treated in service.

The Board denied an earlier effective date for the award of nonservice-connected pension benefits with special monthly pension based on the need for aid and attendance, finding that the application was filed more than one year after the date of disability onset.

The Board denied service connection for the cause of the veteran's death, finding that his gastrointestinal and cardiovascular disorders were not incurred in or aggravated by service.

The Board denied increased ratings for the veteran's service-connected right and left knee disabilities, as well as a request for an earlier effective date for the award of a compensable evaluation for his service-connected left knee disability.

The Board denied the appellant's claim for VA benefits due to a lack of recognized service, thus denying basic eligibility.

The Board denied an increased rating for the veteran's service-connected left shoulder disability, which was rated at 20 percent. The appeal is based on a personal hearing and additional development.

The VA has granted a 30% rating for the veteran's service-connected gastritis with duodenitis and hiatal hernia with esophagitis, which includes recurrent esophageal reflux, frequent regurgitation, and shoulder pain.

The Board denied service connection for shortening of the left lower extremity, but granted it as part of a previously service-connected disability. The veteran's attorney is not entitled to any fees from past-due benefits due to the limited scope of representation and the lack of final decisions on other issues.

The veteran's claim for an increased rating for residuals of a torn left forearm muscle was denied as the veteran failed to report for a scheduled VA examination without good cause.

The VA denied an increased disability evaluation for the veteran's service-connected left knee disability, but granted a separate 10 percent rating for arthritis of the left knee. The veteran's current disability is rated as 30 percent disabling.

The Board has determined that recovery of the overpayment at issue would not violate the principles of equity and good conscience, given the veteran's inability to repay the debt due to his limited income and expenses. The decision grants waiver of recovery of the improved disability pension indebtedness in the amount of $2,780.

The Board denied the appellant's request for an extension of his delimiting date for Dependents' Educational Assistance due to physical disability, as there was no legal basis for the claim and the appellant did not provide evidence that he suspended his educational program.

The VA determined that the veteran's service-connected defective hearing in his left ear does not warrant a compensable evaluation.

The Board denied the veteran's claim for an increased evaluation of his left knee disability, finding that the evidence did not support a rating in excess of 30 percent.

The Board denied the veteran's claim for a compensable initial rating for residuals of excision of epidermal inclusion cysts of the lower sternum and right anterior chest, finding that he did not meet the criteria for a compensable rating based on his scars.

The Board denied the veteran's claim for service connection for residuals of a head injury, including residuals of a fractured right zygomatic arch, finding no evidence of current disabilities related to his in-service injuries.

The VA determined that the veteran's maxilla fractures did not result in any functional impairment and his bone loss was due to periodontal disease. The VA concluded that he does not have an exceptional disability picture with related factors such as marked interference with employment or frequent periods of hospitalization, thus denying his claim for a compensable rating.

The Board granted service connection for right patellofemoral syndrome and assigned a 10 percent evaluation, which remains in effect.

The Board denied the veteran's claims for service connection for Crohn's disease and a compensable evaluation for right ear hearing loss, finding that new evidence did not warrant reopening of the Crohn's disease claim and that the right ear hearing loss was not compensably disabling.

The Board found that the veteran's lung disorder, noted many years after service, is not related to exposure to asbestos or any other incident during service.