Other conditions decisions — 2002

The Board denied the veteran's claim for an increased evaluation for residuals of left tibial fracture, patellar tendinitis and infrapatellar bursitis as his current disability rating is already at its maximum under VA regulations.

The Board has determined that the veteran is not entitled to an increased apportionment of his VA pension benefits due to lack of evidence showing hardship or other factors justifying such a reduction.

The Board has determined that the veteran's current bilateral eye disability, nose fracture residuals, and otitis media of the left ear are not related to his active duty service. The claim for these conditions is therefore denied.

The Board has determined that the veteran's syncope, which manifested during her active service, was incurred in service and granted service connection for this condition.

The Board found that the veteran's salivary gland tumors were not incurred in or aggravated by service and denied his claim for service connection.

The veteran's request for a waiver of recovery of an overpayment of VA pension benefits was found to be timely, and the appeal is granted.

The veteran's claim for an earlier effective date for a total disability evaluation due to individual unemployability was granted, with the effective date set at August 19, 1997.

The Board denied the veteran's request to reopen his claim of service connection for bilateral defective hearing, finding that no new and material evidence had been submitted.

The Board denied a compensable rating for the service-connected residuals of a laceration of the left upper eyelid and superior lacrimal canaliculus, finding no evidence of disfiguring or disabling scarring.

The veteran's claim for an increased evaluation for his right knee disability was denied. The RO assigned a 30 percent rating from May 24, 2000 to December 20, 2000 based on severe recurrent subluxation or lateral instability of the knee.,A 10 percent rating was assigned since February 1, 2001 for postoperative residuals. The veteran's claim for a higher evaluation for his right knee arthritis is also denied.,The RO did not assign any effective dates for the 30 percent rating or the 10 percent rating as these were temporary and based on surgery.

The veteran's appeal for special monthly compensation (SMC) based on loss of use of a creative organ was dismissed as he withdrew the appeal prior to the Board making a decision.

The veteran requested a hearing before the Board of Veterans' Appeals via videoconferencing, but has not been provided an opportunity to present such testimony. The case is being remanded for this purpose.

The Board has determined that the veteran's chronic disability manifested by cardiac muscle contractions is presumed to have been incurred during his service in the Southwest Asia theater of operations, and thus warrants compensation under the provisions for undiagnosed illnesses.

The Board has determined that the veteran's deep somatic pain secondary to a surgical incision warrants an initial 10 percent rating, effective May 20, 2002.

The Board denied the veteran's claims for service connection for arthritis of the back, hips and feet as secondary to his service-connected bilateral knee arthritis, and denied his requests for increased evaluations for his right and left knee disabilities.

The veteran's preexisting aortic valvular disease was aggravated during active service, and the Board has granted service connection for this condition.

The VA has determined that the veteran's service-connected left femur fracture and femoral vein laceration warrants a 10% evaluation, effective July 29, 1998.

The Board has remanded the case for further development and readjudication due to a lack of evidence connecting the veteran's lung condition to his service or exposure to herbicides, including Agent Orange.

The Board has determined that the appellant's discharge from active service was under dishonorable conditions, which constitutes a bar to payment of VA benefits.

The Board denied the claim of clear and unmistakable error in assigning a 20 percent rating for residuals of shell fragment wound, Muscle Groups VII and VIII, left forearm radial aspect, left hand, also dorsal aspect, left thumb over proximal phalanx and first metacarpal phalangeal joint. The effective date earlier than February 6, 1997, for the award of a 60 percent rating was also denied.