Other conditions decisions — 2002

The veteran's status post colon perforation with bowel resection is rated at 50% from February 1, 1998. The ventral hernia, postoperative, is rated at 20% for the period from February 1, 1998 to May 27, 1998; 20% for the period from August 1, 1998 to January 19, 1999; and 20% from March 1, 1999. A separate scar evaluation of 10% is granted for the periods February 1, 1998 to May 27, 1998; August 1, 1998 to January 19, 1999; and March 1, 1999.

The VA denied the veteran's claim for an increased rating for his impairment of the left elbow, finding that the disability did not warrant a higher evaluation.

The Board found no evidence of inflammatory arthritis in service or within one year postservice, and denied the veteran's claim for service connection.

The Board denied a rating in excess of 20 percent for the veteran's service-connected right leg injury, finding that his disability has been consistently rated at 20 percent since February 29, 2000.

The Board found that the appellant had no recognized military service with the Armed Forces of the United States, and thus denied his claim for basic eligibility for VA benefits.

The Board denied the claim for retroactive payment of Dependents' Educational Assistance (DEA) benefits under Chapter 35, as the earliest date that an award could commence was February 12, 1997, one year prior to the date of receipt of the application. The regulations in effect at the time did not allow retroactive payments for periods earlier than one year before the date of receipt of the application or enrollment certification.

The Board has denied the veteran's claims for service connection for a respiratory disorder and disc herniation at L5-S1, as well as her request for an increased rating for PTSD. The RO is instructed to make additional efforts to obtain relevant medical records and schedule the veteran for examinations to determine the nature and etiology of these conditions.

The Board has determined that the record is insufficient to make an assessment of the veteran's service-connected residuals of right ankle fracture and remanded the case for further development. The issues regarding increased rating for residuals of a fractured right foot and eligibility for Dependents' Educational Assistance under Chapter 35 are also being addressed.

The veteran's appeal is denied as the notice of disagreement was not filed within one year from the date of notification of the denial in November 1999.

The Board denied service connection for the cause of the veteran's death due to a non-service-connected peptic ulcer.

The Board denied the appellant's claim for an earlier effective date for dependency and indemnity compensation as a helpless child, finding that the proper effective date was February 1, 1996.

The Board denied service connection for the cause of the veteran's death, finding that his cardiovascular disease, hemorrhagic gastritis, and pneumonia were not related to active service or his service-connected psychiatric disability.

The Board has found that the appellant's failure to report her receipt of unreported income did not constitute fraud, misrepresentation or bad faith on her part. Therefore, waiver of recovery of overpayments of VA improved death pension benefits in both amounts is granted.

The Board has determined that the veteran's current respiratory disorder is not related to any incident or manifestation during his active service, including inhalation of ammonia fumes. The preponderance of medical evidence does not support a finding of service connection.

The Board found that the appellant did not submit a timely election of VA compensation after receiving notification in August 1965, and thus was not entitled to an effective date prior to February 1, 1998 for his glomerulonephritis disability.

The Board of Veterans' Appeals has determined that the veteran's service connection claim for post-traumatic stress disorder (PTSD) is granted, based on direct evidence from his military service. The appeal was remanded due to a lack of a VA psychiatric examination and additional development was required.

The veteran's unauthorized medical expenses incurred for treatment of a non-service-connected right eye disorder are denied as the condition does not meet the criteria for reimbursement under VA regulations.

The VA has denied an increased evaluation for the postoperative residuals of a septorhinoplasty, finding that the current rating of 10 percent adequately reflects the veteran's symptoms.

The Board denied the veteran's claim for waiver of overpayment of VA disability pension benefits, finding that his request was not timely filed.

The Board found that the veteran's skin conditions, including rashes, keloids, and keratosis, were not incurred or aggravated by his military service due to exposure to herbicide agents. The evidence did not show any causal connection between the veteran's current skin disorders and his time in Vietnam.