Other conditions decisions — 2002

The Board granted service connection for adhesion of the peritoneum secondary to an abdominal shell fragment wound and assigned a 30 percent rating effective October 1999.

The Board denied the veteran's claims of entitlement to service connection for metastatic adenocarcinoma of the rectum and metastatic liver cancer, finding that these conditions were not incurred or aggravated by active service.

The Board denied the veteran's application to reopen a claim for service connection for arthritis of the knees and ankles, finding that new and material evidence had not been submitted.

The Board denied the veteran's claims for service connection for residuals of a back injury and postoperative residuals of plasma cell myeloma at the 12th thoracic vertebra, finding that there was no evidence linking these conditions to his active duty.

The Board has determined that the veteran's chronic periodontal disease is secondary to his service-connected PTSD and grants service connection for treatment purposes. However, disability compensation is not payable for this condition.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claims for service connection for a back injury and a fractured nose.

The veteran's claim of entitlement to service connection for a bilateral knee disorder was denied in October 1994. The RO received a new and material evidence claim on July 24, 2000, which granted the veteran's claim effective July 24, 2000. However, the Board found that no earlier effective date could be assigned as there is no indication of an earlier claim.

The Board has granted a waiver of recovery of an overpayment of pension benefits in the amount of $15,417 due to financial hardship and against equity and good conscience.

The Board denied the appellant's claim for an apportionment of the veteran's VA Section 306 pension benefits, finding that hardship did not exist and that the veteran reasonably discharged his responsibility for supporting the children.

The Board denied service connection for the cause of death, attributing it to a preexisting condition and not related to Agent Orange exposure.

The veteran's postoperative residuals of a teratoma cyst are well-healed and non-tender, with no significant functional impairment. As such, he is denied a compensable evaluation.

The Board denied the veteran's claims for service connection for a respiratory disability and to reopen his claim for skin disability due to herbicide exposure. The denial of the respiratory disability claim is based on lack of evidence showing onset during service, while the skin disability claim was not reopened as no new and material evidence was submitted.

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking his cancer to his period of service.

The Board found that the veteran's visual changes are due to a known diagnosis, myopia, resulting from refractive errors of the eyes and not an undiagnosed illness.

The Board denied a rating in excess of 10 percent for the veteran's right ulnar nerve disability prior to April 24, 2001, finding that his symptoms did not meet criteria for greater than mild incomplete paralysis.

The VA has determined that the veteran's postoperative residuals of bronchiectasis do not warrant a rating higher than the current 10 percent evaluation due to his pulmonary function test results showing FEV-1, FVC, and DLCO each greater than 86; FEV1/FVC was not less than 89. Incapacitating episodes of bronchiectasis infection or prolonged antibiotic usage have neither been alleged nor shown.

The Board finds that the veteran does not have any residuals of malaria and there is no evidence linking his current bronchitis to mustard gas exposure during service. Therefore, the claims for malaria and bronchitis are denied.

The VA determined that there is no evidence linking the veteran's conversion disorder manifested by paralysis of the lower extremities to his service or any incident therein. The Board found the preponderance of evidence against the claim.

The Board denied the veteran's claim for service connection for a back injury, finding no evidence of a chronic condition related to his service.

The Board has denied the claim for service connection for the cause of the veteran's death, finding that there is no competent medical evidence linking a service-connected disability to the veteran's death.