Other conditions decisions — 2002

The veteran's increased rating claim for bilateral Osgood-Schlatter disease was denied. The issue of reopening the claim for service connection for spina bifida occulta was also denied, as no new and material evidence had been received. Service connection for residuals of a back injury, degenerative disc disease of the lumbar spine, and degenerative joint disease of the lumbar spine was also denied.

The Board has denied the appellant's claims of entitlement to compensation benefits under 38 U.S.C.A. § 1151 for additional visual disability, skin condition, and orthopedic conditions allegedly resulting from VA medical treatment in April 1989 and February 1990. The evidence does not support a finding that these disabilities are related to the VA treatments.

The Board has granted service connection for dysthymia and found that the veteran's current psychiatric condition is related to his military service. The other issues, including hypertension and headaches, have been addressed as well.

The veteran's service-connected bilateral varicose veins were found to be moderately severe prior to January 12, 1998. As of that date, separate evaluations of 20 percent each were assigned for the left and right leg varicose veins.

The Board has determined that B.C. is the last-named beneficiary of the veteran's National Service Life Insurance (NSLI) policy and is entitled to all proceeds.

The Board has granted the veteran's claim and assigned him a noncompensable (10%) disability rating for his service-connected urticaria, effective from September 1996. The criteria in effect prior to January 12, 1998, are more favorable to the veteran.

The Board has determined that the veteran's preexisting right shoulder condition was aggravated during service, warranting service connection for postoperative residuals of healed fracture of the right clavicle with post-traumatic arthritis of the acromioclavicular joint.

The veteran's service-connected L-1 burst fracture with status-post fusion is currently rated at 50 percent, effective from January 20, 1998. The RO has granted a higher rating based on the severity of his symptoms.

The Board denied an increased rating for spondylolysis of the low back and service connection for an acquired psychiatric disorder. The claims to reopen service connection for photophobia with headaches and flat feet were also denied.

The Board has determined that the veteran's skin condition, diagnosed as urticaria, was incurred during service and granted service connection for this disability.

The veteran sustained a stress fracture to the right second metatarsal during active service and continues to have some residuals of that injury. The Board finds that these residuals are related to his military service.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a lung disorder. The veteran's testimony, statements, outpatient treatment records, and additional service medical records focus on his current complaints and contain additional evidence which may not have been considered previously.

The Board denied the veteran's claims for service connection for gastrointestinal disorder and nerve damage of the legs, finding no current symptomatology related to amoebic dysentery.

The veteran's claim for service connection for loss of use of both lower extremities, including as due to a service-connected lumbosacral spine disorder, is being remanded for further action.

The Board has determined that there is no basis for assignment of a compensable rating for either service-connected disability at this time.

The Board denied a request for an earlier effective date of August 1, 1997 for an increase in the apportionment of VA benefits on behalf of the veteran's minor child. The decision stated that creating an overpayment would impose undue hardship on the veteran and his family.

The Board denied an increased disability rating for a status post left herniorrhaphy, finding that the evidence did not show recurrent or poorly nourished scars. The veteran was previously rated at 10% since September 18, 1998.

The Board denied the veteran's claim to reopen his service connection for bilateral tibial stress fractures, finding that no new and material evidence had been presented.

The veteran's fungal skin condition, tinea pedis, is granted service connection. The right eye condition and sleep disorder are not found to be incurred in or aggravated by active service.

The Board has determined that the veteran's SSA retirement benefits and interest income are countable for purposes of calculating his VA nonservice-connected disability pension benefits, thus denying his appeal.