Other conditions decisions — 2002

The Board denied the motion alleging clear and unmistakable error (CUE) in its March 1984 decision denying TDIU.

The Board has determined that the veteran's service-connected residuals of a fracture of the left radius and ulna do not warrant a rating in excess of 20 percent, as there is no evidence showing nonunion with false movement or loss of bone substance. The current disability picture does not meet the criteria for a higher evaluation.

The Board found that the veteran's pre-existing bilateral foot disability, including syndactylization of the second and third toes with hammertoes, existed prior to service. The disability did not become more severe during service.

The Board has determined that the veteran's myopathy, including rhabdomyolysis, and right inguinal hernia did not begin during or were not caused by service. The claims for these conditions are therefore denied.

The Board denied the veteran's claim for an increased disability rating for his service-connected chronic right epididymitis, finding that the evidence did not warrant a higher evaluation.

The Board found that the veteran's right ear disorder existed prior to service and was not aggravated during service. The current medical evidence does not show a current disability.

The Board found that recovery of the overpayment would not be against the principles of equity and good conscience, as it resulted from the veteran's failure to timely report his wife's income. The veteran was at fault in creating the debt.

The Board denied the veteran's claims for service connection for arthritis of the spine, left arm/low back disabilities, and lower extremities due to a lack of evidence of current disability.

The veteran's service from April 1960 to May 1962 is not considered active duty, and thus he does not meet the basic eligibility requirements for VA improved disability pension benefits.

The veteran's esophagitis with hiatal hernia is manifested by persistently recurring epigastric distress with pyrosis and regurgitation accompanied by substernal pain, but not by any anemia, hematemesis, melena or loss of weight. The Board finds that the criteria for a 30 percent evaluation have been met.

The Board denied the veteran's claim for educational assistance benefits as she did not meet the character of discharge criteria required by law.

The Board denied the veteran's claims for initial noncompensable ratings for shin splints of both legs, finding no objective evidence of disability.

The Board found that the veteran does not suffer from the residuals of a neck injury sustained during active duty and denied his claim for service connection.

The Board found that the veteran was not at fault in creating the overpayment and that recovery of the debt would not cause undue financial hardship. The Committee denied the waiver request, but the Board granted it based on the principles of equity and good conscience.

The Board denied the veteran's claims for service connection for a ventral hernia, increased ratings for lumbar disc disease and bronchitis, and a compensable evaluation for bilateral hearing loss due to his failure to report for scheduled VA examinations.

The Board denied the veteran's claims for increased rating for duodenal ulcer and service connection for hearing loss and tinnitus, finding that his symptoms did not warrant a higher rating or establish service connection.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his leukemia or pulmonary fibrosis to his military service or Agent Orange exposure.

The veteran's oropharyngeal cancer is related to his in-service herbicide exposure, and the Board finds that service connection for this condition is warranted. The cause of death due to oropharyngeal cancer is also granted.

The Board found that the veteran's hyperactive airway disease existed prior to service and was not aggravated during service. The claim for service connection for a respiratory disorder is denied.

The Board denied an increased rating for pulmonary emphysema and denied entitlement to a total disability rating based on individual unemployability.