Other conditions decisions — 2002

The Board denied increased ratings for the veteran's service-connected upper and lower extremity disorders due to post polio syndrome, finding that the disability did not meet criteria for higher evaluations.

The Board of Veterans' Appeals has ordered the case to be remanded for further development and consideration, including obtaining medical records and opinions regarding the veteran's dental treatment and its impact on her service-connected condition.

The Board found that the veteran's injuries from a 1997 motor vehicle accident were due to his own willful misconduct, and thus denied his claim for nonservice-connected pension benefits.

The Board denied an increased rating for the veteran's service-connected otitis externa of the left ear, finding that there was no evidence of swelling, dry and scaly or serous discharge requiring frequent and prolonged treatment.

The Board found that the appellant's residuals of herpes zoster oticus did not meet the criteria for a rating greater than 10 percent, as they were characterized by moderate impairment.

The Board found that the appellant knowingly made false statements in her claims for death pension benefits, leading to a forfeiture of her entitlement. The appeal is denied.

The RO denied the veteran's claim for apportionment of his VA pension benefits, citing that the maximum household income exceeded the maximum allowable pension rate. The case is being remanded to issue a statement of the case.

The Board has determined that the veteran's service-connected post-operative duodenal ulcer warrants a disability evaluation of 20 percent, effective from October 7, 1997.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a respiratory disorder. The underlying issue of whether service connection should be granted will be addressed in a separate decision.

The Board has determined that the RO's actions need clarification regarding the ratings for the veteran's postoperative residuals of a laparotomy and incisional ventral hernia. The claim is being remanded to ensure proper implementation of the new rating criteria.

The Board has denied the appellant's appeal regarding the creation and assessment of an overpayment for a spousal dependency allowance, finding that the retroactive termination was proper due to the appellant's knowledge and act.

The Board has granted a rating of 30 percent for the veteran's service-connected callosities of the feet, which is comparable to severe bilateral flat feet.

The Board granted a compensable evaluation of 10 percent for calculus of the right ureter, finding that the veteran had occasional attacks of colic without requiring catheter drainage.

The Board has determined that the veteran does not have a disability of the right great toe that was caused or aggravated by his service. Therefore, the claim for service connection is denied.

The Board has found that the veteran's arthritis of multiple joints had its onset in service and is therefore granted service connection.

The Board denied the veteran's claim for an increased rating for his service-connected osteochondritis of the left 3rd rib, finding that it is no more than a 10 percent disability.

The Board has denied the veteran's claim for service connection for residuals of a head injury as there is no medical evidence demonstrating current diagnoses or persistent symptoms.

The Board has denied the veteran's claim for a total disability compensation rating based on individual unemployability (TDIU rating) due to chronic bowel obstruction.

The Board denied the veteran's claim for service connection for chronic lymphocytic leukemia, finding that it was not incurred or related to his active service.

The Board has determined that the veteran's residuals of a head injury were aggravated by service, warranting service connection.