Other conditions decisions — 2002

The Board denied the appellant's claim for an earlier effective date for dependency and indemnity compensation benefits, finding that the December 1983 denial of her original claim was final and that she did not meet eligibility criteria for retroactive benefits.

The Board has denied the veteran's claims for service connection for arthritis of both hips, finding no evidence of an in-service injury or a current disability related to service.

The Board has determined that the veteran's discharge from his second period of active military service, April 1991 to September 1992, was issued under dishonorable conditions for VA purposes. This creates a bar to payment of VA compensation benefits based on that period of service.

The Board found that the evidence did not meet the criteria to reopen the claim for service connection for the cause of the veteran's death, and denied the claim. The Board also noted that there was no service-connected disability contributing to the veteran's death.

The Board denied the veteran's claims for increased ratings for his splenectomy and diffuse histiocytic lymphoma conditions, maintaining their current 30 percent evaluations.

The appeal has been dismissed as the appellant withdrew their appeal.

The veteran's request for waiver of indebtedness was determined to be timely, and the decision grants this claim.

The Board is remanding the case for further development, including obtaining additional medical records and providing a Statement of the Case on the issues of restoration of service connection and TDIU.

The veteran's right leg nerve disability is not considered to be a result of VA care, and the Board finds that it was not reasonably foreseeable as a consequence of his bilateral inguinal hernia surgery in August 1998. Therefore, the claim for benefits under 38 U.S.C.A. § 1151 is denied.

The Board found that the veteran's pre-existing simple phobia did not permanently increase in severity during service, and thus denied his claim for service connection.

The Board has denied the veteran's claims for service connection for right and left hip disorders, finding no evidence of a causal relationship between these conditions and his service-connected back disability or any other condition. The claim for right hip disorder was previously denied in July 1991, but new and material evidence was not submitted to reopen it.

The Board has granted the veteran's request for a complete waiver of recovery of an overpayment of improved pension in the calculated amount of $4,254.86 due to financial hardship and lack of fault on the part of the veteran.

The Board has granted service connection for muscle injury residuals of the right leg and right thigh due to shell fragment wounds sustained in service.

The veteran's shortness of breath on exertion due to an undiagnosed illness is presumed to have been incurred in active service. The veteran does not currently have a hernia.

The Board has reopened the veteran's claim of entitlement to service connection for residuals of a back injury due to new and material evidence submitted since the April 1998 denial.

The Board has denied the veteran's claims for service connection for residuals of a head injury and mononucleosis, finding no competent evidence demonstrating current disabilities attributable to these conditions.

The Board has determined that the veteran's service-connected shortening of the left lower extremity warrants a 20 percent rating, which is the highest rating available under the applicable VA Rating Schedule.

The Board has determined that the veteran's post-operative nasal fracture residuals, including deviated septum residuals, do not warrant a compensable evaluation.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) as there was no verified in-service stressor and the current diagnosis of PTSD did not link to service.

The veteran's service-connected right above-wrist amputation disability does not prevent him from obtaining and retaining substantially gainful employment.