Other conditions decisions — 2002

The Board denied the veteran's claims for an initial evaluation in excess of 60 percent for right hemidiaphragm paralysis and entitlement to TDIU, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has denied the veteran's claims of service connection for dental trauma and residuals of right heel injury, finding that no new and material evidence was submitted to support reopening these claims.

The Board found that the veteran's failure to submit acceptable provider proof of payment for medical expenses led to an increase in countable income, resulting in an overpayment. The Committee denied waiver due to fault on the part of the veteran and lack of evidence showing repayment would cause financial hardship or be against equity and good conscience.

The Board has determined that the veteran's right eye disability is secondary to his service-connected traumatic skull defect and grants this claim.

The Board denied the veteran's claim for service connection for a liver disability manifested by abnormal bilirubin, including Gilbert's syndrome, finding no current diagnosed disability associated with the veteran's elevated bilirubin levels.

The Board has determined that the veteran's private medical care from July 12, 1999 to July 29, 1999 meets the criteria for payment or reimbursement due to it being provided for a true medical emergency and related to his service-connected disability.

The Board has granted service connection for the cause of the veteran's death due to multiple myeloma, which is presumed to have been incurred in service as a result of exposure to Agent Orange. The appellant was also granted accrued benefits based on this decision.

The VA denied the veteran's claim for a higher rating for his right knee disability due to lack of evidence showing moderate recurrent subluxation or lateral instability. The most recent medical evidence shows that the veteran has a range of motion from 0 to 135 degrees in his right knee, which does not meet the criteria for a 20% rating under Diagnostic Code 5260/5261.

The Board found that the veteran's post-polio syndrome did not increase in severity during service, and thus denied his claim for service connection.

The veteran's claim for a clothing allowance prior to 1999 was denied. The claim for a clothing allowance since 1999, which included the year of his initial filing in 1993, was granted but only retroactively to August 1998 and August 1999.

The RO granted the appellant's claim for educational assistance benefits under Chapter 35, effective from September 6, 1990. The decision is based on her eligibility as a child of a veteran with a service-connected disability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for hypertensive cardiovascular disease with myocardial ischemia.

The Board has determined that the veteran's claimed shrapnel wounds, skin disorder, and respiratory disorder were not incurred in or aggravated by service. The evidence does not support a finding of combat injuries, and there is no indication of any such wounds during service.

The Board denied the veteran's claims for service connection for constipation, athlete's foot, and dental problems. The evidence did not establish a chronic disability or show that any of these conditions were related to active service.

The Board denied the appellant's petition to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board found no service connection for the cause of death due to lack of evidence linking the veteran's death to his period of active service or any presumptive conditions related to radiation exposure. The claim was denied.

The Board found that the veteran's lung cancer was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The Board also determined that the lung cancer did not proximately cause or contribute substantially or materially to the veteran's death.

The Board has reopened the veteran's claim of service connection for bilateral defective hearing and determined that new and material evidence had been submitted. The criteria for entitlement to service connection have also been met, with current bilateral defective hearing being found to be related to disease or injury incurred in service.

The veteran's claims for increased ratings and CUE were denied. The Board granted compensable ratings for residuals of SFWs, but the claim of CUE remains pending.