Other conditions decisions — 2002

The Board denied the veteran's claim for VA disability compensation benefits for a right ear hearing defect as the result of surgery in February 1983, finding no evidence to support a causal link between the surgery and his current hearing loss.

The veteran's claim for an increased disability rating for his service-connected low back disability is being remanded to allow for additional VA examination and development of the record.

The Board denied the veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $4,543 because it was not received within the required 180-day period following notification of indebtedness.

The Board denied service connection for panic attacks, finding that the veteran's symptoms were not related to his active duty and could be attributed to a diagnosed psychiatric disorder.

The Board has determined that the claim for an effective date prior to May 11, 2000 for the grant of service connection for non-Hodgkin's lymphoma is denied due to lack of evidence showing constructive knowledge by VA of the veteran's condition in August 1999.

The Board denied service connection for a right femur fracture and granted a zero percent rating for lipomas of the left forearm and right groin. The veteran appealed, but his appeal was not about service connection at all.

The Board has granted service connection for degenerative joint disease of the cervical and lumbar spines, but denied service connection for generalized arthritis.

The Board denied the veteran's claims of entitlement to service connection for osteomyelitis and entitlement to a temporary total disability rating based on hospitalization and convalescence in 1994.

The veteran's service-connected loss of use of the right hand is currently rated at 70 percent, which is the maximum schedular evaluation. The Board also found that he meets the criteria for a total rating based on individual unemployability due to his service-connected disabilities.

The Board denied the veteran's claim for an increased rating and effective date prior to October 24, 1990 for his service-connected genitourinary disability.

The veteran's dysthymic disorder is currently rated at 40 percent, but the Board has determined that it warrants a 100 percent rating due to total occupational and social impairment.

The Board has determined that the veteran's ulcerative colitis is principally manifested by fecal urgency, frequent bowel movements, diarrhea, and episodic bleeding. The condition does not cause severe disability with malnutrition and only fair health during remission.

The Board found no evidence of a left elbow disorder or chest pains incurred during active service and denied the veteran's claims for these conditions.

The Board has determined that the veteran's right shoulder disability warrants a 30 percent rating, reflecting his severe rotator cuff disease with traumatic arthritis.

The Board has granted a complete waiver of recovery for the overpayment of $21,058 in improved pension benefits due to undue hardship and lack of fault on the part of the veteran.

The veteran's appeal is to determine if he should receive a higher initial evaluation for his peptic ulcer disease, duodenal ulcer, esophagitis, hiatal hernia, and postoperative vagotomy. The case has been remanded due to inadequate examination without access to the claims file.

The veteran's shell fragment wound residuals, right calf are manifested by subjective complaints of pain and weakness. The RO found that the disability does not meet the criteria for a compensable rating.

The Board denied the veteran's claim for an earlier effective date of September 22, 1998, for the award of pension benefits. The veteran had submitted a claim for VA pension benefits on September 22, 1998, and there is no evidence in the record to support his allegation that he filed a prior claim.

The Board has denied the veteran's claim for a compensable rating for his service-connected bilateral retinal detachment repaired by scleral buckle, finding that the current evidence does not support an increased evaluation.

The Board found that the overpayment of VA pension benefits was improperly created due to administrative error, and thus granted the veteran's claim for a refund.