Other conditions decisions — 2002

The Board dismissed the appeal due to the death of the moving party, as a veteran's claim does not survive their death.

The Board dismissed the appeal due to the veteran's withdrawal of her appeal in March 2000.

The Board finds that the veteran's chronic lymphedema with recurrent cellulitis of the right lower extremity is at least as likely as not caused by the July 1992 VA surgery, and thus grants compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for the veteran's post-traumatic myofacial pain syndrome of the left scapular region, finding that it was incurred in active service.

The VA determined that the veteran's stomach disability, including ulcer, was not incurred in or aggravated by active service.

The veteran's claims for service connection for dizziness, loss of memory and concentration, and paresthesias of the extremities were denied as there is no evidence linking these conditions to his military service.

The Board denied the veteran's request for waiver of recovery of an overpayment in the calculated amount of $28,829 on the basis that there was minimal fault on the part of the veteran and no fault on the part of VA. Recovery of the overpayment would not be against equity and good conscience.

The Board denied the veteran's claim for service connection for residuals of a cesarean section birth, finding that there was no evidence attributing the cesarean section to any symptomatology reported during her service or otherwise related to her period of service. The Board also found no current diagnosed disorder relating to her cesarean section.

The Board has dismissed the appeal as there is no timely substantive appeal filed with respect to the issue of entitlement to an earlier effective date for a total disability rating for compensation based on individual unemployability.

The Board denied the veteran's claims for higher ratings for residuals of cold injury to both feet, finding that the evidence did not support a rating in excess of 10 percent.

The Board denied the veteran's claims for increased ratings for her patellofemoral syndrome and degenerative joint disease of the right knee, finding that the evidence did not support a higher rating based on current symptoms.

The Board denied an increased rating for the veteran's service-connected residuals of fracture of the second dorsal vertebra with deformity, currently rated at 20 percent.

The veteran's appeal for an earlier effective date for a TDIU was dismissed due to his death.

The veteran's service-connected disabilities of hemiparesis of the left upper and lower extremities, as well as facial weakness due to cerebrovascular accidents, are currently rated at 20 percent each. The Board finds that these ratings adequately reflect the severity of his disability.

The Board found no evidence of service connection for the claimed conditions due to exposure to Agent Orange or other herbicides.

The Board has determined that the veteran's adductor tendonitis of the left hip and residuals of a dislocation of the right fifth proximal interphalangeal joint were incurred in service.

The Board denied the appellant's request for an earlier effective date for DIC benefits, finding that the October 1993 denial of service connection for the cause of death was final and that the subsequent reopening of her claim in November 1996 did not warrant a retroactive effective date.

The veteran's claim for an increased rating for his service-connected skin disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the veteran's preexisting residuals of spinal fusion were aggravated by service, and therefore grants service connection for this condition.

The VA denied an evaluation in excess of 10 percent for the veteran's right maxillary sinus mucous retention cyst, post operative with septoplasty since November 19, 1994.