Other conditions decisions — 2002

The Board of Veterans' Appeals found that the May 31, 1977 rating decision reducing the veteran's spinal nerve injury residuals evaluation from 60 percent to 30 percent and terminating his TDIU constituted clear and unmistakable error (CUE).

The Board denied the appellant's claim of service connection for the cause of her husband's death, finding that the veteran's death was due to his use of tobacco products during active duty, which precluded service connection under a new law enacted in 2001.

The veteran's claim for service connection for a skin condition of the left hand was previously denied and no new and material evidence has been submitted. The claim for an increased rating for PTSD remains denied.

The veteran's interest income must be included in the computation of countable income for VA improved pension, and his appeal is denied.

The veteran's death was not caused by a service-connected disability, and the basic eligibility requirements for Dependents' Education Assistance were not met.

The Board has granted the appellant's claim for retroactive payments of Chapter 35 educational benefits for courses completed from the fall 1990 term to the summer 1993 term at Central Florida Community College, based on the amended law that applies retroactively.

The Board found that the veteran's macular degeneration of the eyes did not begin during service and is not otherwise attributable to service. Therefore, the claim for service connection was denied.

The veteran's claim for a compensable rating for his service-connected residuals of a gunshot wound to the right hand was denied because he failed to report for a scheduled VA examination without good cause.

The Board has granted a 20 percent evaluation for the veteran's service-connected postoperative residuals of a posterior spinal fusion with burst fracture of L2-L3, effective from the date of the November 2000 decision.

The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of these claims.

The Board found that the cause of the veteran's death, emphysema and congestive heart failure, was not incurred or aggravated during his active duty service. The preponderance of evidence is against finding that any service-connected condition contributed to the cause of death.

The RO denied the veteran's claim for a higher rating, finding that his service-connected residuals of gunshot wound to the left lower leg did not warrant a rating higher than 10 percent.

The Board found that the veteran's service-connected action tremors of both hands do not warrant an increased disability rating beyond the current 20 percent ratings.

The Board denied the veteran's claim for an effective date earlier than April 17, 2001 for a rating in excess of 10 percent for recurrent cancer of the larynx, finding no evidence of an increase in disability within one year prior to April 30, 2001.

The VA Board found no evidence of a current disability and concluded that the veteran's right foot disorder was not incurred in service.

The Board has determined that the veteran's service-connected post-operative residuals of a left varicocele warrant an initial 10 percent evaluation since April 18, 1980.

The veteran's claim for an increased rating for his service-connected residuals of a shell fragment wound of the thoracic spine region is denied, while the issue regarding CUE in the December 1968 RO rating decision is considered and found to be mixed.

The VA determined that the veteran's varicose veins of the right lower extremity warrant a 10 percent evaluation, effective September 22, 1983.

The Board denied the veteran's claim for an increased rating for his bilateral chondromalacia, finding that the schedular criteria did not meet the requirements for a higher evaluation.

The Board denied a compensable evaluation for the veteran's service-connected torn medial collateral ligament of the left knee since October 15, 1991.