Other conditions decisions — 2002

The veteran's claim for waiver of recovery of an overpayment of pension benefits is being remanded due to the need for a Travel Board hearing.

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

The Board found that the veteran's bilateral eye disability, which includes residuals of corneal abrasions, does not warrant a rating in excess of 10 percent due to the absence of additional impairment of visual acuity or visual field loss, pain, rest-requirements, or episodic incapacity.

The Board found that the veteran's arteriosclerotic cardiovascular disease, status-post myocardial infarction is not caused or aggravated by his service-connected bilateral varicose veins. The veteran's nicotine dependence contributed to his non-service-connected cardiovascular disorder.

The Board denied the veteran's application to reopen his previously denied claim of entitlement to service connection for a duodenal ulcer, finding that no new and material evidence had been submitted.

The veteran's service-connected AIDS has impaired his ability to obtain and retain employment consistent with his abilities, aptitudes, and interests. The Board finds that he meets the criteria for basic entitlement to vocational rehabilitation benefits under Chapter 31 of Title 38.

The Board found that the veteran's service-connected duodenal ulcer with duodenitis does not warrant an evaluation in excess of 10 percent, as his symptoms do not meet the criteria for a higher rating.

The Board found that the veteran does not currently have residuals of frozen feet, a right eye disorder, or a right upper eyelid disorder related to service. The nasal fracture also did not meet criteria for a compensable initial rating.

The veteran's right shoulder disability, characterized by limited arm motion due to severe pain and tenderness, is currently rated at 30 percent. The Board finds that a higher rating is not warranted as the evidence does not support a schedular rating in excess of 30 percent.

The Board has determined that the appellant's internal hordeolum of the left upper eyelid is asymptomatic and does not warrant a compensable rating.

The Board has determined that new and material evidence has been submitted, allowing the veteran's claim for service connection for a sinus disorder to be reopened.

The Board has granted a rating of 30 percent for the service-connected dysthymic disorder prior to May 10, 2001.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for the cause of the veteran's death, which was previously denied in December 1957. The decision will now address the merits of this claim.

The Board denied an increased rating for the veteran's post-traumatic encephalopathy, currently rated at 30 percent. The evidence did not support a finding of multi-infarct dementia or other conditions warranting a higher rating.

The veteran's claim for VA outpatient dental treatment is denied as he did not file a claim within one year of discharge and there are no other eligibility criteria met.

The Board of Veterans' Appeals has determined that the veteran's left lobectomy and its residuals were not incurred in or aggravated by military service, and therefore denied his claim for service connection.

The Board denied the veteran's claim for service connection for nerve damage to his left calf, finding that there was no evidence of a nexus between the current condition and military service.

The Board found that the veteran's request for a waiver of recovery of an overpayment was timely filed, considering his explanation of circumstances beyond his control.

The Board denied the veteran's claim for an increased rating of his left knee disability, finding that the evidence did not support a higher than 10 percent rating based on limitation of motion and arthritis.

The Board has granted a 20 percent disability rating for chronic prostatitis, effective from the date of the decision.