Other conditions decisions — 2002

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA psychiatric examination to determine if the veteran currently meets the criteria for a diagnosis of PTSD.

The VA denied the claim that the veteran's cause of death was related to his military service, including exposure to herbicides. The Board found that hepatocellular carcinoma did not arise from his time in Vietnam and concluded that tinnitus did not hasten his death.

The veteran's claim for an earlier effective date for the grant of a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) was denied by the RO. The TDIU award had been granted effective January 12, 1998.

The Board has granted effective dates of December 23, 1987 for the grant of a 40 percent evaluation for paralysis of the right lower extremity and special monthly compensation for loss of use of the right foot. The case is remanded to obtain additional medical records and determine if further development or notice action is required.

The veteran's appeal was denied as he is not entitled to additional compensation for his present spouse and their child prior to February 1, 2001.

The veteran's claim for an earlier effective date for a 70% disability rating for a right brachial plexus injury was denied as the evidence did not show that a claim was received within one year of the date of injury.

The Board has granted an initial evaluation of 10 percent for the veteran's service-connected right fourth finger injury, but denied his claim for a higher initial evaluation for his service-connected panic disorder.

The veteran's claim for an increased disability evaluation for his left tibial and fibular fracture residuals with malunion was denied because he failed to report for a scheduled VA examination.

The Board finds that the veteran's death was not caused by VA treatment, and thus DIC under 38 U.S.C.A. § 1151 for the cause of his death has been denied.

The veteran's appeal was denied because the evidence of unreimbursed medical expenses was not received within one year following the denial of his initial claim for nonservice-connected pension benefits based on excessive family income.

The Board granted a 40 percent disability evaluation for the veteran's right lower extremity disorder, effective from January 12, 1998. The decision affirmed that separate evaluations for varicose veins and post-phlebitic changes could not be rendered as there was no medical differentiation made between the symptoms of each disorder.

The veteran's appeal has been dismissed due to their death.

The Board denied service connection for an equilibrium problem (claimed as dizziness) and the propriety of a rating in excess of 10 percent for tinnitus. The claim for increased evaluation for left ear hearing loss was remanded to the RO.

The Board found that the overpayment of VA compensation benefits in the amount of $6,812.00 was not properly created due to administrative error and thus granted the veteran's claim.

The VA determined that the appellant's residuals of a shell fragment wound of the right hand, with retained foreign body involving Muscle Group IX, do not warrant an increased rating beyond the current 10 percent.

The veteran's service does not meet the threshold requirements for eligibility for VA pension benefits, and his claim for nonservice-connected disability pension benefits is denied.

The Board denied the veteran's claim of entitlement to service connection for atrophy of the right cerebral hemisphere with mild left hemiparesis, claimed as amyotrophic lateral sclerosis due to a finding that his disability preexisted service and was not aggravated by service.

The Board found that the veteran did not have a current disability related to his in-service left eye injury and denied his claim for service connection.

The Board determined that the appellant's discharge from his military service was under dishonorable conditions due to willful and persistent misconduct, specifically drug abuse. As a result, he cannot be considered a veteran for VA benefits purposes.

The VA awarded the appellant non-service connected pension benefits effective from March 1994 based on reported income. However, due to unreported Social Security retirement benefits, an overpayment of $12,184 was created and waived.,An additional overpayment of $26,373 was also created due to administrative error by the VA in not considering the appellant's spouse's employment status, which led to a readjustment of his pension award.