Other conditions decisions — 2002

The RO denied a compensable rating for service-connected calluses of both feet.

The Board found no CUE in the August 1988 RO administrative decision and determined that the appellant's character of discharge from service was a bar to VA benefits. The Board also found that there was not sufficient evidence to reopen his claim for VA benefits based on new and material evidence.

The Board found that the veteran's current evaluation of 50 percent for his service-connected corneal ulcer as a residual of keratitis does not meet the criteria for an evaluation in excess of this amount.

The VA determined that the veteran did not inhale chlorine gas as a result of VA training, hospitalization, medical or surgical treatment. The Board found no legal basis for granting disability compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran does not have a dental disability or jaw disorder related to service, but she does have bilateral elbow disability (bilateral cubital tunnel syndrome) that is related to her military service.

The veteran's service during the Cold War period is not considered a 'period of war' for pension eligibility purposes, and thus he does not meet the basic eligibility requirements for pension benefits.

The Board denied the reopening of the claim for service connection for Stargardt's disease due to lack of new and material evidence.

The Board denied the veteran's request to reopen her claim of service connection for a nervous condition, finding that no new and material evidence had been submitted.

The veteran's service-connected right thigh laceration is manifested primarily by a moderately severe wound to Muscle Group XIV, and the Board finds that it most closely approximates the criteria for a 30 percent rating under Diagnostic Code 5314.

The Board has determined that the veteran's conditions have improved under ordinary conditions of life, warranting restoration of a rating of 30 percent for residuals of bilateral medial meniscus tears.

The Board denied the veteran's claims for extensions of temporary total ratings based on convalescence following surgeries in November and September 1990, finding that the criteria were not met.

The Board found that the December 21, 1967 rating decision did not contain clear and unmistakable error in continuing the 60 percent evaluation for service-connected gunshot wound of the right femur with nonunion and granting a total rating for compensation based upon individual unemployability.

The Board denied the claim for service connection for the cause of death due to cardiovascular disease, finding that there was no evidence linking the veteran's death to his military service.

The veteran's overpayment of improved pension benefits was waived due to no indication of fraud, misrepresentation, or bad faith on his part. The VA did not have fault in the creation of the overpayment and there is no evidence of unjust enrichment.

The Board has determined that the veteran did not suffer from additional disability resulting from a bladder injury sustained during VA surgical treatment in July 1998, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the veteran's esophageal cancer, which caused his death, was not related to his military service or exposure to herbicide agents. The claim for service connection for the cause of the veteran's death is denied.

The Board denied the veteran's application to reopen his claim for service connection for residuals of a back injury and also denied an increased rating for varicose veins of the right leg. The evidence submitted since December 1994 was not new or material, and the veteran's current conditions are rated at 40 percent.

The Board has granted a rating of 30 percent for the appellant's service-connected ulcerative colitis, which is currently rated as such. The appellant maintains that her current rating does not adequately reflect the severity of her condition.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was not married to him at the time of his death.

The Board determined that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to VA benefits (except healthcare under Chapter 17 of the United States Code).