Other conditions decisions — 2003

The VA determined that the veteran's service-connected right hip disability, which required total hip replacement surgery, warranted a 70 percent rating since March 1, 1999. The evidence did not support an increase to a higher rating as crutches were not necessary for ambulation.

The Board has denied a request for an earlier effective date of July 2, 1996, for the grant of service connection for trigeminal schwannoma secondary to Agent Orange exposure.

The Board denied the veteran's claim for service connection for PTSD, finding that there was no current diagnosis of PTSD and insufficient evidence to support a stressor event.

The VA denied the claim of service connection for the cause of death due to squamous cell carcinoma of the esophagus, finding that there was no evidence linking this condition to the veteran's active military service.

The Board has granted the veteran's claim for service connection and assigned a 20 percent disability rating for degenerative joint disease of the left elbow, which corresponds to limitation of flexion to 90 degrees.

The Board denied the veteran's request for a waiver to recover overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience due to fault on the part of the veteran.

The Board has determined that the veteran does not have diverticulitis of the colon and therefore, his claim for service connection is denied.

The Board denied the veteran's claim of service connection for rashes of the feet, crotch, and hands due to lack of new and material evidence. The case was remanded multiple times without addressing the issue of exposure to Agent Orange.

The Board has determined that the veteran's bilateral sensorineural hearing loss is related to noise exposure during service, and thus grants service connection for this condition.

The Board has directed additional development of the claim, including a review by a VA physician. The case is now remanded to the RO for further consideration.

The veteran's service-connected onychomycosis is currently rated at 30 percent and the Board finds that it does not warrant a higher rating under either the old or new VA rating criteria.

The VA has determined that the veteran's condyloma disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The veteran's herpes simplex was evaluated as 10 percent disabling from August 30, 2002. The condition involved the groin and genital area with intermittent use of Acyclovir for less than 6 weeks in any 12-month period.

The Board denied the veteran's claim for service connection for Paget's disease, finding no evidence of a nexus between the condition and his military service or any service-connected disabilities.

The veteran's claim of service connection for bilateral occlusion of the ear canals with cerumen is denied. The Board finds that any ear issues are acute and transitory, not chronic.

The VA has denied the appellant's claim for an increased evaluation of her bilateral lower extremity varicosities, currently rated at 30 percent.

The Board has denied the veteran's claim for service connection for a right hip disability, finding that it did not begin during or as a result of his military service.

The veteran's service-connected right knee disability, characterized by chondromalacia of the patella with degenerative changes and limited motion, is currently rated at 30 percent. The court also granted a separate evaluation for instability of the right knee.

The Board of Veterans' Appeals (Board) has denied the veteran's claim for service connection for a respiratory disability or symptoms, to include as due to undiagnosed illness. The decision is based on the lack of evidence linking any current respiratory condition to active duty service.

The Board found that the veteran's overpayment of VA improved pension benefits was not due to fraud, misrepresentation or bad faith. The decision granted a waiver of recovery for $1,500 of the overpayment.