Other conditions decisions — 2002

The Board denied the veteran's claim for service connection for bilateral defective hearing, finding no evidence of a nexus between his current hearing loss and military service.

The Board has reopened the veteran's claim for service connection for bilateral knee disability and granted it, finding that his current condition is a result of an inservice fall.

The Board of Veterans' Appeals (Board) has determined that the veteran's service-connected residuals of a sub-total gastrectomy with enterostomy and vagotomy do not warrant an evaluation greater than 40 percent, as his symptoms are primarily manifested by loose stools and diarrhea.

The Board has granted a 10 percent evaluation for the veteran's acute viral encephalitis, finding that his current tremor represents a residual of his service-connected condition.

The Board denied the appellant's claim for accrued benefits because the veteran did not waive his MRP to receive VA compensation instead, and thus no accrued benefits were due at the time of his death.

The veteran's claims for an evaluation in excess of 10 percent for myositis of the back muscles and service connection for Ehlers-Danlos Syndrome are being remanded due to procedural issues.

The Board has granted the veteran's motion to reopen his claim for service connection for a cardiovascular disability, as new and material evidence has been submitted.

The Board found that the veteran's current left foot disability is not due to an injury during service and denied his claim for service connection.

The veteran's request for waiver of recovery of an overpayment of $3,535.00 in pension benefits was not timely filed and thus the appeal is denied.

The Board denied the veteran's claims of service connection for a disability manifested by sleep disturbance and fatigue, claimed as due to an undiagnosed illness, and for a hiatal hernia with esophageal reflux. The veteran's symptoms were attributed to his psychiatric conditions and medication.

The Board found that the current 10 percent rating for the residuals of a right foot wound is appropriate given the severity and nature of the disability.

The veteran's impairment of the rectum is productive of occasional involuntary bowel movements necessitating the wearing of a pad, but not extensive leakage and fairly frequent involuntary bowel movements or complete loss of sphincter control. The criteria for a rating in excess of 30 percent have not been met.

The Board has determined that the appellant did not have qualifying service for VA benefits and therefore denied his claim.

The Board denied the veteran's request to reopen his claim for service connection for post-traumatic stress disorder due to lack of new and material evidence.

The veteran seeks service connection for malignant non-Hodgkin's lymphoma, which the Board has determined was not due to exposure to ionizing radiation in service. The case is being remanded for further development including a search of missing service medical records and preparation of a dose estimate based on available methodologies.

The Board has determined that the veteran's service-connected left thumb anesthesia does not warrant a compensable evaluation, as there is no indication of ankylosis or other functional impairment.

The Board has determined that the veteran's skin condition is not related to his active service and cannot be presumed due to mustard gas exposure. The claim for lung and respiratory conditions as a result of mustard gas exposure will be addressed in a separate decision.

The Board found that the appellant could not be recognized as the veteran's surviving spouse for VA purposes due to conflicting evidence and inconsistencies in affidavits submitted by the appellant.

The Board denied the veteran's claim for an increased rating for his service-connected bilateral otitis media, finding that the evidence did not warrant a schedular evaluation in excess of 10 percent.

The VA denied the veteran's claim for compensation under 38 U.S.C. § 1151 because no right eye complications resulted from the February 1993 surgeries, and there was insufficient evidence to link current right eye disabilities to those surgeries.