Other conditions decisions — 2002

The Board denied the veteran's claim for disability benefits pursuant to 38 U.S.C.A. § 1151 due to the natural progression of his detached left retina, which occurred after he delayed seeking medical attention and underwent multiple surgeries at VA facilities in 1993.

The Board has denied the veteran's claims for service connection for cellulitis of bilateral hands and left foot, as well as his right ankle disorder. The evidence does not establish current disability due to cellulitis.

The Board found no evidence of a chronic disability manifested by enlarged lymph nodes, a sore throat, and low grade fever that was incurred or aggravated as a result of service. The veteran's bronchitis is not considered to have been incurred in service. Pre-existing gynecological disorders were not aggravated by active service.

The Board has determined that the veteran's stomach disorder and ulcers were not incurred in or aggravated by active service, and thus denied his claim for service connection. The evaluation of residuals of laminectomy, L4-S1 interspaces with multiple shunt placements remains unchanged at 20 percent.

The Board has granted a 10 percent rating for the veteran's service-connected furunculosis, effective June 16, 2002.

The Board found no clear and unmistakable error in the December 16, 1971 rating decision that assigned a noncompensable rating for a history of a whiplash injury to the neck.

The veteran died without having received any service-connected or pension benefits. The claim for burial benefits is denied as the criteria are not met.

The Board denied the veteran's claim for an increased evaluation for his status post vagotomy for duodenal ulcer, finding that the condition did not present an exceptional or unusual disability beyond what is contemplated in the rating schedule.

The Board has determined that the veteran's right hip and left foot disorders are not secondary to his service-connected left patellofemoral syndrome, thus denying both claims.

The Board denied the appellant's claim for VA benefits due to a lack of recognized service in the United States Armed Forces, as certified by the U.S. Army Reserve Personnel Center.

The Board found that the June 1986 RO decision denying service connection for bilateral defective hearing was not clearly and unmistakably erroneous. The veteran's current 40 percent disability evaluation for bilateral hearing loss is upheld.

The Board of Veterans' Appeals has granted the veteran's waiver of recovery of loan guaranty indebtedness, plus interest. The decision concludes that the veteran did not commit fraud or bad faith in filing for bankruptcy to delay foreclosure and retain possession of the property. However, the Board found that recovery would result in undue hardship due to the veteran's disability and receipt of VA pension.

The Board found that the service-connected loss of skull area and traumatic encephalopathy contributed to the cause of death due to metastatic cancer, and granted service connection for the cause of death.

The Board granted a 10 percent disability rating for peptic ulcer disease effective January 27, 1988. The veteran's appeal was based on the need for an earlier effective date.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the surgery was not performed at a VA facility and no additional disability resulted from it.

The Board found that the veteran does not have a service-connected compensable dental condition and is therefore not eligible for VA outpatient dental treatment.

The Board denied the veteran's motion to reopen his claim of entitlement to service connection for peptic ulcer disease, finding that new and material evidence had not been submitted.

The Board denied the appellant's claim for basic eligibility for nonservice-connected VA death pension benefits due to a lack of valid service, as verified by the service department.

The Board found that the cause of death was not related to any service-connected disability, and thus denied the claim for service connection for the cause of death.

The Board denied the veteran's claim for an increased rating for malaria, finding that there was no evidence of active or recent relapses of the disease and thus no basis to grant a compensable rating.