Other conditions decisions — 2002

The Board has determined that the veteran's actinic cheilitis and squamous cell carcinoma of the lip are related to his military service, specifically due to exposure to ionizing radiation during service. The claim is granted.

The Board found that the appellant's discharge from service was dishonorable due to homosexual acts, and thus is a bar to VA benefits.

The Board has determined that the veteran's liver cancer, which caused his death, was not related to service or exposure to herbicides.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board found that the veteran's residuals of a donor graft from the left iliac crest do not warrant an increased evaluation, and denied his claims for entitlement to evaluations in excess of 20 percent for the residuals of a fracture of the right humerus and 10 percent for the residuals of a right foot and ankle injury.

The Board found that the veteran did not consent to the June 18, 1999, surgical procedure and thus compensation under 38 U.S.C.A. § 1151 was denied.

The Board found that the veteran's failure to promptly notify VA of his divorce from G.L.M. resulted in an overpayment, and thus denied a waiver of repayment.

The Board has determined that the veteran's hairy cell leukemia is a sub classification of non-Hodgkin's lymphoma and therefore warrants service connection as a result of exposure to herbicide agents.

The Board found no service connection for the cause of the veteran's death and denied the claim.

The Board has remanded the case to the RO for additional development, including scheduling a personal hearing before a Member of the Board at the local office.

The veteran's hiatal hernia is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board found that the veteran's loss of vision in his left eye was not due to VA medical treatment, as there is no evidence of negligence or carelessness on the part of VA. The veteran underwent cataract surgery and subsequent retinal detachment surgeries but did not incur additional disability beyond what could reasonably be expected from such procedures.

The Board has determined that the veteran's service-connected postoperative keloid, anterior chest warrants a 10 percent evaluation since it is comparable to poorly nourished and ulcerated scars. The condition was found to be getting worse with new satellite scars forming.

The Board found no evidence to support service connection for the veteran's claimed gynecological conditions, including her hysterectomy and recurrent vaginal infections.

The VA denied the veteran's claim for an evaluation in excess of 20 percent for seronegative spondyloarthropathy, finding that his disability did not meet the criteria for a higher rating based on the evidence of record.

The Board denied the veteran's request for waiver of recovery of an overpayment of $5,656.01 due to administrative error on VA's part.

The veteran's service-connected gastritis secondary to NSAIDs is currently rated at 10 percent from March 15, 1995 to March 1, 2002.,Since March 1, 2002, the veteran has been granted a compensable rating for her service-connected gastritis.

The veteran's service-connected shin splints with residuals of a tibial stress fracture of the left leg and shin splints with stress related changes of the tibia and fibula of the right leg are not shown to warrant an increased rating.,The veteran is currently assigned noncompensable ratings for her service-connected disabilities.

The Board found that the veteran's service-connected traumatic encephalopathy is currently manifested by subjective complaints of recurring headaches and occasional dizziness, and does not meet the criteria for a higher disability rating. The appeal was denied.

The Board denied the veteran's claims for increased ratings for pedunculated warts of the face, neck and hands and residuals of a right foot injury. The veteran was granted a 10 percent rating for pedunculated warts from February 19, 2002.