Other conditions decisions — 2002

The veteran's sleep disturbances and fatigue were not found to be service-connected, as they are considered manifestations of a diagnosed breathing-related sleep disorder.

The Board denied the appellant's claim for apportionment of the veteran's VA disability benefits on behalf of their minor children during the period from July 1996 to July 1997, finding that the appellant did not meet the criteria for financial hardship and was not under a financial burden due to providing support for the veteran's children.

The Board denied the veteran's claim for service connection for arthritis and joint disorder, finding that there was no competent medical evidence linking these conditions to his military service.

The Board has granted the veteran's claim of service connection for corneal erosion syndrome, but denied an increased evaluation beyond the currently assigned 20 percent rating.

The Board found no evidence of a head injury resulting in residuals and concluded that the veteran's dementia is not related to any service-connected condition.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a lung disorder, which was previously denied in May 1994.

The Board found that the veteran's postoperative appendectomy with intra-abdominal adhesions did not meet the criteria for an evaluation in excess of 10 percent, as there was no evidence of moderately severe disability with partial obstruction manifested by delayed motility of barium meal.

The veteran's peptic ulcer disease is found to be incurred in service, with the Board resolving all doubt in his favor.

The Board found that the reduction of the veteran's 100% rating for prostate adenocarcinoma to noncompensably disabling and commencement of a separate 40% rating for residuals was proper.

The Board has reopened the claim of service connection for post-traumatic stress disorder, but denied it on the merits. The evidence submitted was not sufficient to establish a current diagnosis or link between in-service stressors and the diagnosed condition.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for a skin disorder, respiratory disorder, and multiple joint disorder. The RO previously denied these claims in September 1997 and May 1998, respectively.

The Board has reopened the claim for service connection for the cause of the veteran's death based on new medical evidence, including diagnoses of coronary heart disease and statements from fellow POWs who witnessed his health issues during captivity. The Board finds that ischemic heart disease is presumed to have been incurred due to the veteran's captivity as a POW while on active duty, meeting the criteria for service connection.

The appellant is not considered a surviving spouse of the veteran for purposes of entitlement to VA pension benefits.

The Board found that the veteran's right foot disability does not warrant a rating higher than 20 percent, as it is currently evaluated. The evidence did not show severe residuals of a foot injury.

The Board denied the veteran's claim to reopen his service connection for right inguinal hernia, finding no new and material evidence that would support reopening of the claim.

The veteran is entitled to a waiver of the overpayment of improved pension compensation benefits in the amount of $4,449 due to fault on his part and mitigation by his efforts to explain his actions. The decision also considers that collection would result in financial hardship for the veteran and his family.

The Board has determined that the veteran's service-connected detrusor urinae instability is currently rated at 40 percent and does not meet the criteria for a higher rating based on his symptoms.

The veteran's interstitial cystitis is productive of daytime voiding intervals between two and three hours, requiring no absorbent materials or catheterization.

The Board found that the veteran's service-connected arthritis did not cause or contribute to his death from rectal carcinoma. The Board determined that a sedentary lifestyle, which was inconsistent with earlier medical records, was not established as a long-term condition.

The Board denied the veteran's claim for service connection for the residuals of dental trauma, as he did not apply for VA outpatient dental treatment within one year after discharge or by December 31, 1954.