Other conditions decisions — 2002

The veteran's appeal for a waiver of overpayment in the amount of $2,625.00 was dismissed as no justiciable case or controversy is before the Board at this time.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for residuals of a calcaneal branch nerve injury of the right leg, finding that his disability was productive of no more than moderate impairment.

The Board found no bad faith on the part of the appellant and granted waiver of recovery of loan guaranty indebtedness.

The Board denied an increased rating for the veteran's residuals of a gunshot wound to the right thigh, finding that the muscle injury residuals did not exceed moderate impairment.

The Board denied the appellant's claim for an effective date prior to January 14, 2000 for the establishment of service connection for multiple myeloma due to a lack of evidence showing an earlier application.

The veteran's claim for an effective date prior to May 25, 1999 for service connection of xeroderma was granted. The rating for residuals of xeroderma was increased from 10 percent to 30 percent.

The veteran's unauthorized medical expenses for treatment at North Ridge Medical Center from July 13, 1999 to July 26, 1999 are denied as there was no prior authorization for the care provided.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence to support a diagnosis of PTSD and insufficient corroboration of any claimed in-service stressors. The veteran's death was attributed to an intraoral gunshot wound.

The Board has denied the veteran's claim of entitlement to service connection for cancer of the colon as secondary to chronic irritable bowel syndrome, finding that there is no competent medical evidence linking the development of colon cancer to his service-connected condition.

The Board has determined that the veteran's service-connected disabilities did not cause or contribute to his death from dementia.

The VA determined that the veteran's residuals of a gunshot wound to the right leg do not warrant a rating higher than 30 percent, as his condition does not meet or approximate the criteria for a higher evaluation under any applicable diagnostic codes.

The Board found that the veteran's death from metastatic stomach cancer was not caused by service-connected residuals of hepatitis and did not occur during or until many years following active service. Therefore, service connection for the cause of the veteran's death is denied.

The Board has granted service connection for traumatic degenerative joint disease of the right knee and assigned a 10 percent rating, effective from the date of the grant of service connection.

The Board finds that the veteran's memory loss, fatigue, and sore joints are related to service but cannot be directly service-connected. These conditions may be considered as undiagnosed illnesses under Persian Gulf War provisions.,Service connection is granted for chronic fatigue syndrome and joint pain (arthralgia) as these conditions manifest within the applicable presumptive period.

The Board denied service connection for residuals of a back injury, finding that the veteran had not presented new and material evidence to reopen his previously denied claim.

The Board denied the veteran's claim of entitlement to service connection for residuals of a jaw injury, finding that new and material evidence had not been submitted since the June 1988 denial.

The veteran's claim for an increased rating for his service-connected right clavicle fracture is denied as the current evaluation of 10 percent adequately reflects the functional limitations and disability.

The VA has determined that the veteran's left lower leg varicose vein is currently rated at 40 percent, which is the maximum rating available under the applicable diagnostic code. The condition does not meet criteria for higher ratings based on additional symptoms or severity.

The veteran's service-connected right upper arm injury is currently rated at 10 percent, but the Board finds that his disability does not warrant a higher rating.

The Board denied the appellant's claim for special monthly compensation based on the need for regular aid and attendance or at the housebound rate due to his service-connected disabilities not meeting the criteria.