Other conditions decisions — 2002

The Board denied the veteran's claim for service connection for loss of teeth, finding that the condition is not a disability for compensation purposes.

The Board denied the veteran's claim for an earlier effective date of October 1, 1999 for the grant of service connection for Brugada syndrome. The decision found that no claim was filed prior to October 1999 and thus the effective date could not be set before then.

The Board has reopened the veteran's claim for service connection for left eye blindness and granted it, finding that his pre-existing condition worsened during military service.

The Board denied the appellant's claim for apportionment of her former spouse's VA disability compensation benefits due to their divorce and lack of legal basis.

The Board denied service connection for residuals of a closed head injury secondary to a motor vehicle accident on May 2, 1995 due to the appellant not having qualifying service at that time.

The VA denied an increased evaluation for the veteran's left index finger injury, currently rated at 30 percent disabling. The condition is characterized by limited range of motion, pain, numbness, and tingling.

The veteran's death was not caused by any service-connected disability, and the cause of his death (metastatic rectal cancer with lung metastases) is not associated with Agent Orange exposure or any other presumptive condition.

The Board found that the veteran's premature atrial contractions did not cause any impairment of earning capacity and are not a disease entity. Therefore, they do not constitute a disability for VA compensation purposes.

The Board has denied the veteran's claim for an increased evaluation for his service-connected compartment syndrome of the left leg, involving peroneal nerve and Raynaud-like phenomenon, as there is no indication that his disability meets or approximates the criteria for a higher rating under VA's Schedule for Rating Disabilities.

The Board has reopened the appellant's claim to be recognized as the veteran's surviving spouse for VA purposes due to new evidence submitted. However, since the veteran had prior undissolved marriages and the appellant was aware of these legal impediments, she cannot be considered his valid surviving spouse.

The appellant's April 2000 substantive appeal was not filed within one year from the September 1998 notification of the denial and over sixty days after he received a statement of the case. The Board dismissed the appeal due to lack of jurisdiction.

The veteran's claim for nonservice-connected pension benefits was denied as he did not serve in a period of war and his service records do not indicate any Vietnam service.

The veteran's claims for increased evaluations for bursitis of the right and left shoulders were denied as his current ratings under Diagnostic Code 5019 are still appropriate based on the evidence showing no more than limitation of motion at shoulder level.

The Board denied the veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that recovery would not be against equity and good conscience.

The VA has determined that the appellant's left hallux valgus disability does not warrant a compensable evaluation, as it is currently manifested by intermittent pain and mild clinical findings. The current noncompensable rating for this condition remains in effect.

The Board has granted waiver of recovery for an overpayment of $808.53 in pension benefits, finding that it would be against equity and good conscience to require the veteran to repay this amount due to his financial hardship.

The veteran's claim is denied as he did not have qualifying service for VA pension benefits.

The Board denied the veteran's request to reopen his claim for service connection for residuals of a back injury, finding that new and material evidence had not been submitted.

The Board has determined that the submitted evidence is not new and material to reopen claims for service connection for a left-hand disability and a left elbow disability.

The Board denied the veteran's request to reopen his claim for non-service connected disability pension benefits due to lack of wartime service, and the new evidence submitted did not meet the materiality requirement.