Other conditions decisions — 2002

The veteran's claim for a temporary total rating based on the need for convalescence following his January 1999 hospitalization was denied as there is no legal authority to award retroactive benefits.

The Board found that the March 1984 and February 1985 decisions denying SMC for left foot drop were not clearly and unmistakably erroneous.

The Board has determined that the appellant did not file a timely notice of disagreement with the September 1999 rating decision denying her petition to reopen the previously denied claim for service connection for the cause of the veteran's death. As a result, the appeal is dismissed.

The Board denied the veteran's claim for service connection for a neurological disability characterized by numbness and tingling of the extremities, as it was not shown to be caused by exposure to Agent Orange or any other activity of service.

The Board has determined that recovery of the overpayment in dependency and indemnity compensation benefits is warranted due to undue financial hardship and because it would defeat the purpose of DIC benefits.

The Board has granted an effective date of March 29, 1994 for a total schedular evaluation for the service-connected ulcerative colitis disease.

The VA denied an evaluation in excess of 10 percent for the veteran's shell fragment wound to the right thigh, citing current moderately disabling symptomatology.

The Board found that the veteran's essential hand tremor was not incurred in or aggravated by service and denied his claim for service connection.

The Board denied service connection for jaw fracture and temporomandibular joint pain, as well as for trauma to the right front upper tooth (tooth number 8) and both eyes. The veteran's claims were based on direct service connection.,Service connection was granted for dental treatment purposes for the right front upper tooth (tooth number 8), but not due to service trauma.

The Board found that the veteran's nephrotic syndrome, which developed in 1992 following prolonged use of non-steroidal anti-inflammatory drugs prescribed by VA, has not resulted in any current disability. Therefore, the claim for benefits under 38 U.S.C.A. § 1151 was denied.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no reasonable possibility that the mesothelioma developed due to radiation exposure from X-rays.

The Board denied service connection for the appellant's claimed residuals of a left leg injury, finding no evidence linking his current condition to his military service.

The VA has determined that the veteran's service-connected right arm disability, which is currently rated at 10 percent, does not warrant a higher rating as it only produces moderate disability.

The Board found that the veteran's claimed back injury and coccyx injury were not incurred in or aggravated by service, nor did they manifest to a compensable degree within one year following his discharge. The claim was denied.

The Board of Veterans' Appeals has determined that the veteran's service-connected and nonservice-connected disabilities prevent him from successfully pursuing a vocational rehabilitation program and becoming gainfully employed in an occupation consistent with his abilities, aptitudes, and interests.

The Board denied the veteran's claim for service connection for post traumatic stress disorder due to a lack of credible supporting evidence that the claimed in-service stressors actually occurred.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a nervous disorder. The claim is now considered on its merits.

The Board denied the veteran's claim for an earlier effective date and increased rating for his service-connected chondromalacia patella of the right knee, finding that no legal basis existed to assign such a date.

The Board found no evidence of a chronic disability related to the veteran's service, and denied his claim for service connection for residuals of left ring finger injury.

The Board has determined that the veteran's right eye disability is related to an injury sustained during active service, and thus grants service connection for this condition.