Other conditions decisions — 2002

The Board denied service connection for a skin disorder and fatigue, finding that the veteran's conditions did not result from disease or injury in service.

The Board has determined that [redacted] should be recognized as the veteran's surviving spouse for eligibility for death pension benefits.

The Board denied increased ratings for the veteran's service-connected intestinal obstruction residuals and severed left rib arch cartilage, finding that the current evaluations adequately reflected the severity of these conditions.

The Board has denied the veteran's claim for an increased evaluation for his service-connected residuals of head trauma, currently rated at 10 percent.

The Board denied an initial evaluation in excess of 10 percent for residuals of a gunshot wound of the left arm, finding that the veteran's disability did not meet criteria for a higher rating. The issue of service connection for PTSD was also addressed but is pending.

The Board denied the veteran's claims for service connection for a skin disorder due to herbicide exposure and an increased evaluation for PTSD, finding no evidence of a current disability related to service or herbicide exposure.

The Board has determined that the veteran's residuals of a shell fragment wound of the left leg with damage to MG XII warrant an increased rating from 10% to 20%. The condition is currently manifested by no more than moderately severe muscle injury, weakness and fatigability, limited extension of the toes, but without atrophy, fracture or nerve damage.

The Board found that the appellant's discharge was issued under dishonorable conditions and thus bars him from receiving VA compensation based on his period of service from August 17, 1993, through August 13, 1996.

The Board denied the veteran's claims for service connection for ulcer disease and malaria as there was no evidence of these conditions during or within one year after his military service.

The Board denied the veteran's request to reopen his claim for service connection for post-traumatic arthritis of multiple joints in the lower extremities, finding that no new and material evidence had been submitted.

The Board denied the appellant's request to reopen his claim for status as a veteran due to lack of new and material evidence, and because there was no verified service record.

The veteran's claim for basic eligibility for educational assistance under Chapter 30, Title 38, United States Code was denied as he did not meet the statutory eligibility criteria established by Congress.

The Board denied the appellant's claim for an earlier effective date for DIC, finding that no evidence was received prior to September 30, 1998.

The veteran was awarded compensation under 38 U.S.C.A. § 1151 for a colostomy secondary to gallbladder surgery, effective October 13, 2000.

The Board denied the veteran's claim for service connection for residuals of a broken right little toe, finding that there was no evidence of current disability and noting that any injury must have been acute and transitory.

The Board has determined that the recovery of the overpayment would be against equity and good conscience, thus granting the veteran's request for waiver.

The Board has granted a 40 percent evaluation for hypertension from October 2, 1997, and a 60 percent evaluation for hypertension from August 2, 2000. An effective date prior to August 2, 2000, for service connection for hypertensive cardiovascular disease is denied.

The Board found that the veteran's cause of death, respiratory insufficiency with underlying causes including bilateral pneumonia and lymphoma with chronic anemia, was not caused or contributed substantially to by any service-connected disability. The appellant argued that her husband’s weakened state due to his service-connected conditions led to his pneumonia, but the evidence did not support this claim.

The Board has determined that a 30 percent evaluation is warranted for the veteran's left foot disability, which represents a 'severe' injury. The current 20 percent rating was increased to reflect both the traumatic arthritis changes and pain.

The Board finds that the veteran has a current disability manifested by chronic edema of the legs, feet, arms, and hands of service origin. Service connection for this disability is granted.