Other conditions decisions — 2002

The VA has determined that the veteran's disability, residuals of gunshot wound to abdomen with bowel resection and adhesions, is currently rated at 30 percent and does not warrant an increase in evaluation.

The Board denied the veteran's claim for a separate disability rating for his hamstring disability, finding that increased ratings were already granted for related muscle disabilities of the right and left thighs. The decision concluded that rating the hamstring disability separately would be pyramiding.

The Board has determined that the veteran's bilateral foot Achilles tendinitis and bilateral heel pain are related to his active service.

The Board has determined that the veteran's gastrointestinal disability, including chronic diarrhea and abdominal discomfort, is due to an undiagnosed illness related to his military service. The appeal was reopened based on new evidence.

The Board has denied a higher evaluation for the service-connected residuals of injury to the right fifth metacarpal head, finding that there is no evidence of functional impairment or limitation of motion.

The Board has denied the veteran's claims for increased ratings and service connection due to lack of new and material evidence, as well as the current rating already being at its maximum.

The Board has denied the veteran's claim for an initial compensable evaluation for residuals of squamous cell carcinoma of the larynx, finding that there is no evidence of hoarseness with inflammation or upper airway obstruction.

The Board denied the veteran's claims for service connection and initial evaluations for his right elbow fracture, right metacarpal fracture, and anal fistulectomy. The veteran was granted service connection for residuals of an anal fistulectomy but not for a right elbow fracture or right metacarpal fracture.

The Board denied the veteran's claim for service connection for a thoracic hemangioma, finding that there was no medical evidence linking the condition to his active service or any service-connected disability.

The Board denied the veteran's claim for an earlier effective date of October 9, 1998 for his nonservice-connected disability pension benefits. The decision stated that there was no evidence indicating a prior submission of a claim before this date.

The veteran's service-connected disabilities are of such severity as to preclude all forms of substantially gainful employment, and the criteria for a total disability rating based on individual unemployability due to service connected disabilities have been met.

The veteran's neck fracture residuals are rated at 50 percent, which is higher than the initially assigned 40 percent rating. The decision grants a higher rating based on severe intervertebral disc syndrome.

The Board denied the veteran's claim for a rating in excess of 10 percent for residuals of a gunshot wound to the right calf, Muscle Group XI, finding that his disability did not warrant such an increase.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to decision.

The Board has granted a 40 percent evaluation for the veteran's residuals of left ulnar and radius fracture, effective July 17, 2000. The claim for service connection for dental trauma resulting in tooth loss is also granted.

The Board has granted a 20 percent evaluation for prostatitis, finding that the veteran's symptoms more nearly approximate those of urinary frequency and incontinence requiring absorbent materials changed two to four times per day.

The Board has determined that the appellant may not be recognized as the veteran's surviving spouse for purposes of entitlement to VA benefits.

The veteran is seeking compensation under the 38 U.S.C. § 1151 for a hernia that allegedly resulted from an air contrast X-ray examination, and his case has been remanded due to a request for a video conference hearing.

The Board found that the appellant had a willful intent to seek an unfair advantage in creating the overpayment, which precluded further consideration of a waiver request.

The veteran's dysthymic disorder was granted a 50% evaluation from July 1, 1997 to July 6, 2000. His closed head injury with partial cranial third nerve palsy is currently rated at 10%. The evaluations are based on the severity of symptoms and impairment under VA rating criteria.