Other conditions decisions — 2002

The Board has granted service connection for the aggravation of bilateral impaired hearing disability and denied the claim for a higher initial rating for back disorder.

The veteran's pension was terminated due to exceeding the maximum allowable income limit for pension benefits, and he is not entitled to a waiver of the resulting overpayment.

The Board determined that the appellant is not the surviving spouse of the veteran for purposes of entitlement to VA benefits, as her marriage was terminated by a divorce decree in Washington state, which she argued was invalid due to lack of proper service. The court subsequently vacated this decree.

The Board denied the appellant's claim for an effective date prior to January 17, 1991 for the grant of service connection for a pulmonary disorder based on clear and unmistakable error in a September 1979 rating decision. The appeal is not about service connection at all.

The Board denied the veteran's claim for an earlier effective date for service connection of a mandible disorder, finding that the earliest date of entitlement was July 31, 1995.

The Board has denied the appellant's claim for special monthly pension based on a need for aid and attendance of another person or being housebound, finding that she does not meet the criteria as her disabilities do not require regular assistance from another person.

The veteran's claim for a compensable rating for his left eye disorder was denied. His claims for higher ratings for his right knee disorder were also denied, with the exception of separate ratings being assigned as of November 13, 1999.

The Board has determined that the veteran's current stomach complaints are not related to his military service and denied his claim for service connection. The issue of pension benefits was also denied.

The veteran's service-connected low back disorder, characterized as left posterolateral disc herniation at L5-S1 with posterior disc herniation at L4-5, was initially rated at 20 percent from September 15, 1992. The rating was increased to 40 percent effective from March 30, 1998.

The veteran's claim for reimbursement or payment of unauthorized medical expenses incurred at a non-VA facility from June 6 to June 11, 1995 is denied as the treatment did not involve an adjudicated service-connected disability.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of frozen feet. The merits of this claim will be reviewed on a de novo basis after additional development.

The Board has found new and material evidence to reopen the claim of service connection for a left hip disorder on a secondary basis, which was previously denied in September 1991. The veteran contends that her hip condition is related to medications used during military service.

The Board found no evidence of a chronic skin rash, sleeping disorder, or left elbow disorder during service. The veteran's current conditions are not linked to his military service.

The veteran's dental disability, including the loss of teeth 28 and 29, is considered secondary to his service-connected bilateral fracture of the mandible. His claim for an increased rating for the fracture has been granted.

The Board has determined that the carpometacarpal laxity of the right thumb with X-ray evidence of changes in the metacarpophalangeal joint is service-connected.

The Board denied the veteran's claim for service connection for residuals of a head trauma, including right eye disability, finding that new and material evidence had not been presented to reopen the claim.

The Board found that the veteran's defective vision and dental trauma were not incurred in service, thus denying his claims for service connection.

The Board denied the veteran's claim for service connection for periodontal disease, claimed as gingivitis, finding that it is not a compensable disability and thus cannot be granted for compensation purposes.

The Board has determined that the veteran does not have a current skin disorder other than his service-connected right upper arm surgical scar. The veteran's claimed leg numbness is also not shown to be etiologically related to service.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection of a right foot disorder, which was previously denied in March 1998. The additional evidence provided does not establish a relationship between the current right foot condition and either her service or her service-connected left foot disability.