Other conditions decisions — 2002

The Board dismissed the appeal due to the veteran's death, and no service connection was granted for spinocerebellar degeneration.

The Board has determined that the veteran's current diagnosis of scleroderma is not related to his military service or any service-connected disability, and thus denied his claim for service connection.

The Board has ordered a new VA examination to assess the severity of the veteran's service-connected low back disorder, as well as any additional evidence should be submitted. The case will then be reviewed and decided based on all available information.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) due to a lack of well-grounded evidence, including insufficient verification of combat experience and specific in-service stressful events.

The Board denied a request for an earlier effective date of March 12, 1998 for the assignment of a total rating based on individual unemployability due to service-connected disabilities. The veteran's claim was filed after he became unable to work full-time and received Social Security disability benefits.

The Board has determined that myopia and astigmatism were not incurred in or aggravated by active service, as they are refractive errors. Photophobia was also not related to any underlying disease or injury during service.

The Board finds that the veteran is entitled to a compensable rating of 10 percent for his residuals of left 3rd and 4th metatarsal fracture, based on moderate impairment of the foot.

The Board has found that new and material evidence has been presented to reopen the claim for service connection for chorioretinitis of the left eye, allowing the veteran's appeal to proceed.

The veteran has withdrawn his appeal regarding the increased rating for HIV-related illness.

The veteran's overpayment of pension benefits was created due to his intentional failure to report his wife's income, which resulted in a denial of the waiver request.

The Board found that the appellant had no qualifying service in the United States Armed Forces and thus is not a 'veteran' for VA benefits purposes, denying his claim.

The Board denied a compensable evaluation for residuals of the left mandible injury, finding that there was no moderate displacement to warrant a higher rating.

The Board found that earlier detection of the peptic ulcer by VA medical personnel would not have changed the ultimate course of the veteran's disease and resulting disability, and thus benefits pursuant to the provisions of 38 U.S.C.A. § 1151 for additional gastrointestinal disability caused by failure of VA medical personnel to diagnose his peptic ulcer at the time of treatment in the early 1970s are not warranted.

The veteran is presumed to be totally disabled (due to permanent disability) for VA pension purposes, and thus qualifies for a permanent and total disability rating as of September 17, 2001.

The Board has determined that the appellant's income exceeds the annual limits for non-service-connected death pension benefits as a child of the veteran, and therefore, denied entitlement to improved death pension benefits.

The Board has found that the appellant's failure to inform the VA of her receipt of earned income was not due to fraud, misrepresentation or bad faith. Therefore, waiver of recovery of an overpayment of VA improved death pension benefits in the amount of $36,545.53 is granted.

The Board found no evidence to support the veteran's claim of service connection for a bilateral foot disorder, as there was no chronic disease shown in service or during a presumptive period. The Board also noted that the medical records did not show any relevant treatment prior to 1984 and were insufficient to establish a nexus between current symptoms and service.

The veteran's service-connected traumatic brain syndrome is currently rated at 30 percent, effective March 15, 2002. The rating was increased from the previous 10 percent prior to that date.

The Board denied the veteran's claims for service connection for a bladder disorder, including calculi or cancer and an increased evaluation for PTSD. The veteran's bladder disorder was not found to be related to his military service, and the criteria for a higher rating for PTSD were not met.

The Board granted the veteran's claim of service connection for specific (simple) phobia and assigned a 10 percent evaluation, considering his mild or transient symptoms that decrease efficiency during periods of significant stress.