Other conditions decisions — 2002

The Board denied the appellant's request to revoke her forfeiture of VA benefits, finding that no new and material evidence had been submitted.

The Board has determined that an effective date of April 20, 2000, is warranted for the grant of a permanent and total rating for pension purposes. The veteran's request for an earlier effective date is denied as it is legally precluded by the finality of prior decisions.

The veteran's claim for a permanent and total disability rating for pension purposes was denied due to his failure to report for VA compensation examinations scheduled in April, June, and September 2001 without good cause.

The Board has granted a 100 percent evaluation for bilateral deafness effective March 7, 2000.

The Board has reopened the veteran's claim for service connection due to new evidence showing keratoconus of the left eye, which existed since December 1985. The Board found that this condition was incurred during his first period of active military service.

The Board found no evidence linking the veteran's current pulmonary emphysema to his service, specifically an upper respiratory infection in February 1964. The Board denied the claim for service connection.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is denied as there is no evidence that he developed left pleural effusion and diaphragmatic paralysis due to VA treatment, and any such conditions are not considered additional disability.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for venous disease of the left leg. The claim for service connection for venous disease of the right leg was denied as there is no medical evidence linking the current condition to service.

The veteran's claims are being remanded for further development and consideration.

The Board has determined that the veteran's chronic nasal infection is related to his in-service hospitalization for nasopharyngitis, and thus grants service connection.

The VA determined that the appellant's DIC benefits were subject to an offset of $75,000 due to a settlement under the Federal Tort Claims Act (FTCA), and this decision was upheld.

The Board denied the veteran's claims for increased evaluations for service-connected hallux valgus with painful bunions of both feet, finding that the disability did not warrant a higher evaluation.

The appeal has been dismissed as the appellant withdrew their appeal.

The veteran's postoperative throat cancer, diagnosed as squamous cell carcinoma of the epiglottis and left anterior laryngeal surface, is presumed to have been incurred in service due to exposure to herbicides. The Board found that there was an approximate balance of positive and negative evidence regarding whether the veteran had primary cancer of the larynx, and thus granted service connection for throat cancer as a result of exposure to herbicides.

The Board denied reopening and granting service connection for a skin disorder of the feet, including athlete's foot, due to exposure to herbicides in Vietnam. The decision is mixed as it addressed both direct service connection and exposure to herbicides.

The Board has denied the veteran's claims for an increased evaluation for residuals of a fractured left femur and entitlement to TDIU. The disability is currently rated as 10 percent disabling.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The veteran's numbness of the feet and skin rashes are found to be due to an undiagnosed illness incurred in service.

The Board denied an increased evaluation for atrial tachycardia, finding that the veteran's condition did not meet criteria for a higher rating.

The Board found that the veteran's death was not caused by VA hospital care and medical treatment, as the cause of his death (sepsis due to pseudomembranous pancolitis) was reasonably foreseeable and not a result of negligence or fault on the part of VA.