Other conditions decisions — 2002

The Board has determined that the veteran's spine disorder, which is currently rated as 10 percent disabling under Diagnostic Code 5291 (limitation of motion), does not warrant a higher evaluation. The medical evidence does not support findings of moderate intervertebral disc syndrome or other conditions that would allow for an increased rating.

The Board denied the appellant's claim for an earlier effective date for death pension benefits, finding that her initial claim was received on February 22, 1994, and payment began on March 1, 1994. The appeal is based solely on timing of the claim filing.

The Board has determined that the veteran's waiver claim is not precluded as a matter of law and has now proceeded to consider whether it should be granted under the principles of equity and good conscience. The case will be returned for further review.

The Board has determined that the January 1981 RO decision was based on clear and unmistakable error (CUE) in denying compensation under 38 U.S.C. § 351 for residuals of myocardial infarction with bilateral leg amputations as a result of VA treatment, and therefore grants the benefit.

The Board found that the veteran's service-connected conditions did not contribute to his death from carcinoma of the lung, chronic lung disease, and pulmonary fibrosis. The claim for service connection for cause of death is denied.

The Board denied reopening the claim of service connection for a respiratory disorder due to lack of new and material evidence.

The Board has determined that the veteran's compression fracture of L-3 does not warrant an evaluation in excess of 40 percent, and his osteomyelitis of the left thumb is rated as a tender and painful scar.

The veteran's service-connected disability does not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests. Therefore, he does not meet the criteria for basic entitlement to benefits pursuant to Chapter 31, Title 38, United States Code.

The Board has determined that the veteran's claim for service connection for a stomach disability is granted.

The veteran's claim for payment or reimbursement of medical services related to his service-connected mycosis fungoides (MF) from around 1987 to 1992 was denied as he did not submit a timely claim.

The veteran's claim for an effective date prior to February 10, 1998, for service connection of schizo-affective disorder, depressed type was denied as the earliest possible effective date is February 10, 1998.

The Board found that the reduction of the veteran's evaluation for residuals of a right testicular seminoma, status post orchiectomy to a 10 percent rating was proper based on improvement in his ability to function under ordinary conditions.

The veteran's appeal for service connection for adenoid cystic carcinoma of the hard palate, claimed as a result of exposure to ionizing radiation, has been dismissed due to his death.

The veteran's request for waiver of recovery of his VA indebtedness in the amount of $45,820 was denied as it was not filed within the required 180-day period.

The Board of Veterans' Appeals denied the veteran's claim for an increased rating in excess of 20 percent for his service-connected duodenal ulcer, finding that the evidence did not show more severe symptomatology consistent with a higher evaluation.

The Board has determined that the veteran's right eye disability meets the criteria for a 30 percent evaluation, but this is reduced by the pre-existing level of impairment in his left eye. Therefore, the veteran is entitled to a compensable rating.

The Board found that the recoupment of the veteran's separation pay by withholding VA disability compensation benefits in the amount of $10,594.08 was proper based on the law and regulations.

The Board denied the veteran's claim for a compensable evaluation for the residuals of a laceration to her left index finger and denied an increased evaluation for the service-connected residuals of an injury to her left ankle/sole and left foot.

The Board found that the veteran's request for a waiver of recovery of a loan guaranty indebtedness was not timely filed, as it was submitted several years after the expiration of the one-year time limit.