Other conditions decisions — 2003

The Board found no evidence of a current diagnosis of an organic heart disease and denied the veteran's claim for service connection for cardiac disease.

The Board denied the veteran's claim for service connection for cancer of the soft palate, finding that there was no evidence linking his condition to service or radiation exposure.

The Board denied the veteran's claim for an effective date earlier than October 26, 1995 for an award of special monthly compensation under the provisions of 38 U.S.C.A. § 1114(r)(2) because there was no evidence that he met the requirements for additional compensation within one year prior to his August 1993 claim.

The Board has remanded the case to the RO for further development, including obtaining clarification from VA's Chief Public Health and Environmental Hazards Officer regarding EPA standards for occupational exposure to ionizing radiation.

The Board found that the veteran's arthritis of the right foot and ulcer disease were not incurred or aggravated by active military service, and thus denied his claims for service connection.

The Board has determined that the veteran's malaria is inactive and does not have any current residuals, thus denying his claim for an initial compensable evaluation.

The Board denied service connection for Hodgkin's disease and compensation benefits pursuant to 38 U.S.C.A. § 1151 for below-the-waist paralysis due to the lack of evidence supporting these claims.

The Board has denied the veteran's claims for service connection for residuals of a left eye injury, head injury, left hand injury, and frozen feet as these conditions were not incurred in or aggravated by service.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA improved death pension benefits in the amount of $2,026.00 as it was not timely filed.

The Board has reopened the veteran's claim of entitlement to service connection for cardiovascular disability due to new and material evidence being received since the last final denial in January 1979.

The Board denied a compensable rating for the veteran's service-connected residuals of a fracture of the right ulna, finding that the clinical findings did not meet the criteria for a higher evaluation under any applicable diagnostic codes.

The Board denied the claim for recognition of the veteran's son as a helpless child due to lack of competent medical evidence showing permanent incapacity at age 18.

The Board has denied the veteran's claims for increased ratings for his left upper extremity, supranuclear facial palsy, and left lower extremity residuals of a cerebral infarct as there is no evidence of incomplete paralysis or radicular nerve paralysis.

The veteran's claims for increased evaluations of his cognitive disorder and cervical spine disability were denied. The effective date for the grant of service connection for a cognitive disorder was set at April 17, 2000.

The Board found that the overpayment of $16,680.90 was properly created due to the veteran's incarceration for a felony conviction and denied his request for waiver because he did not file it within the required 180-day period.

The Board has determined that the veteran does not have nicotine dependence due to service, and therefore denied his claim for service connection.

The veteran's claims for increased ratings for hallux valgus of the left and right feet, as well as chondromalacia patella of the right and left knees with arthritis, were denied. The claim for a separate 10% rating based on multiple noncompensable service-connected disabilities was also denied.

The Board has granted an initial evaluation of 10 percent for weight gain, secondary to prescribed Feldene (Peroxicam), effective from March 1999. The veteran experiences fatigability and fluctuating weight gain as a result of the medication.

The appellant's claims for death pension benefits and accrued benefits were denied, as the veteran did not have recognized guerrilla service that would qualify him for these benefits. The cause of the veteran's death was not incurred in or aggravated by his military service.

The Board denied the veteran's claims for increased ratings for cold injury residuals of both feet and peripheral neuropathy of the right and left feet, finding that the evidence did not meet the criteria for a higher rating under either the old or new versions of Diagnostic Code 7122.