Other conditions decisions — 2003

The Board denied the veteran's claims for service connection for degenerative joint disease of the right hip and an increased rating for residuals of a right patellectomy, finding that there was no evidence linking these conditions to his active service or service-connected disability.

The Board found no additional disability resulting from VA medical care, and denied the veteran's claim for compensation under 38 U.S.C. § 1151.

The Board has determined that the veteran's low back disorder meets the criteria for a 60 percent disability rating.

The Board has determined that the veteran's right leg disorder, specifically the residuals of a tibial fracture, is due to an injury incurred in service and grants service connection for this condition.

The veteran's appeal for accrued benefits regarding service connection and SMC levels was denied. The appellant is not entitled to the maximum SMC rate due to lack of anatomical loss or use of extremities, nor does he meet the criteria for a higher SMC rate.

The Board has granted service connection for the cause of the veteran's death due to a lymphoproliferative disorder (cryptococcal meningitis) and Septicemia disorder, both linked to radiation exposure during active military service. The effective date is set at May 1, 2008.

The veteran's claim for a compensable rating for his service-connected residuals of a fractured little finger of the left hand was denied by the Board. The disability does not result in any limitation of motion or weakness, and the veteran has full grip function.

The Board has determined that the veteran's right foot disorder, including residuals of osteotomies of the fourth and fifth metatarsals, is characterized as moderately severe. A rating of 20 percent is granted for this condition.

The Board has granted a higher rating from 20% to 30% for the veteran's service-connected residuals of right foot surgery, finding that these symptoms produce severe disability.

The Board found that the appellant was at fault in not reporting her retirement income, which led to an overpayment of pension benefits. The VA waived recovery of this overpayment as it would be against equity and good conscience.

The Board has reopened the appellant's claim and remanded it for further development, including obtaining information from Madison County, Alabama regarding a possible divorce between the veteran and his previous wife. The case will be reviewed again based on the new evidence.

The Board found that the veteran does not have peptic ulcer disease that is attributable to military service and denied his claim for service connection.

The appellant's claim for basic eligibility for VA nonservice-connected pension benefits based on his second period of service is denied due to incomplete application, as he refused to cooperate with VA.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for heat stroke residuals. The issue will be addressed in a separate decision.

The Board has granted a 100 percent rating for postoperative residuals of a bilateral spontaneous pneumothorax, effective from the date of the decision.

The Board found that the veteran's gout and arthritis were not incurred in or aggravated by his active military service.

The Board has determined that the September 1994 rating decision denying service connection for right and left hip replacements was not clearly and unmistakably erroneous, and no earlier effective date can be assigned.

The Board found that the veteran's right eye blindness existed prior to his entry into service and was not aggravated by service. As a result, the claim of service connection for right eye blindness is denied.

The Board found that the veteran does not currently have a residual disability as a result of an inservice cold injury to the feet, and thus denied service connection for residuals of frozen feet.

The Board denied service connection for vaginal problems, mitral valve prolapse, hysterectomy, thyroid disorder, and chronic fatigue syndrome. The veteran's claim for service connection for chronic hypoglycemia was also denied.