Other conditions decisions — 2002

The Board denied the veteran's attempt to reopen his claim of service connection for neck injuries, finding that no new and material evidence had been submitted.

The Board denied the veteran's claim for service connection for the cause of his death, attributing it to baso-squamous carcinoma that metastasized from a skin condition, and not related to Agent Orange exposure.

The veteran's service-connected amoebic colitis with probable lactose intolerance is rated at 30 percent from January 4, 1995. The Board found that the disability did not warrant a higher evaluation.

The Board has granted a 10 percent evaluation for each foot's hammer and mallet toes from October 2, 2000.

The Board found no evidence of mustard gas exposure during service and denied the veteran's claim for service connection for lung disease secondary to in-service exposure to poison chemicals/gasses, including mustard gas.

The Board has granted service connection for left ilial popliteal bypass and status post left hip replacement, effective April 26, 1999 and March 29, 2000 respectively. The veteran's claims for earlier effective dates are denied.

The Board denied the veteran's claims for service connection for a chronic skin disorder and residuals of shrapnel wounds to the back, right hand, and legs. The claim for an increased disability rating for PTSD was granted with a 50% rating effective from May 16, 1996.

The Board denied the veteran's claim to reopen his service connection for right rib fractures, finding that no new and material evidence had been submitted.

The Board found that new and material evidence had not been submitted to reopen the veteran's claims of service connection for respiratory disability and cardiovascular disability, resulting in a denial.

The Board found no evidence of a relationship between the veteran's current hiatal hernia and his in-service complaints, thus denying service connection for the condition.

The Board found that the veteran's malignant pleural mesothelioma was not caused by exposure to ionizing radiation in service and may not be presumed, on any basis, to have been incurred or aggravated therein.

The veteran's claim for an initial compensable rating for his service-connected jaw disability/myofascial pain syndrome was denied. The effective date of the grant of service connection is April 7, 1993.

The veteran's pension benefits were awarded and paid based on income information provided by the veteran. The appellant did not report any deductible medical expenses, including recurring Medicare payments and private medical insurance costs, which would have reduced his countable income for pension purposes. As a result, there were no accrued benefits due at the time of the veteran's death.

The Board has granted the veteran's waiver of recovery of an overpayment of improved pension benefits in the amount of $281.13, finding that recovery would not be against equity and good conscience due to the veteran's limited education and financial hardship.

The Board denied the veteran's claim for service connection for an umbilical hernia and did not address his left knee disorder claim. The Board found that new evidence submitted since the final denial of his left knee disorder claim was not sufficient to reopen the claim.

The Board denied the veteran's claim for recognition as a former prisoner of war (POW) for VA purposes, finding that there was no reasonable basis to question the service department's certification of his military service and that he did not meet the legal criteria for status as a former POW.

The VA determined that the appellant's spouse had no recognized military service with the United States Armed Forces, and therefore denied basic eligibility for VA benefits.

The Board has granted the waiver of recovery of an overpayment of death pension benefits in the amount of $9,925 due to no indication of fraud, misrepresentation, or bad faith on the part of the appellant and because recovery would be against equity and good conscience.

The VA denied the veteran's claim for an increased rating for his service-connected otitis media, catarrhal, as it did not meet the criteria for a higher evaluation.

The Board denied the appellant's request for an effective date prior to August 21, 1998, for the grant of dependency and indemnity compensation benefits.