Other conditions decisions — 2003

The Board denied the veteran's claim for service connection for bilateral defective hearing, finding that he does not have a current hearing disability for VA purposes.

The Board has determined that the veteran lacks the mental capacity to manage his own affairs, including financial management, and is therefore incompetent for purposes of VA benefits.

The veteran's claim for basic eligibility for nonservice connected pension benefits is denied as he does not have qualifying wartime service.

The Board found that the veteran does not have a respiratory disability, cardiovascular disability, or residuals of a stroke related to service. The evidence did not show any such disabilities in service or within one year after discharge.

The Board denied the veteran's claims for service connection for schizophrenia, pneumonia, and photophobia. The decision found no new and material evidence to reopen the claim of schizophrenia, and that there was no evidence of a respiratory or eye disability during active service.

The veteran's claim for a compensable evaluation for psychophysiologic cardiovascular reaction is denied as he failed to report for scheduled VA medical examinations without showing good cause.

The Board previously denied the appellant's claim, finding she had forfeited her right to VA benefits under 38 U.S.C.A. § 6103. The CAVC has now vacated this decision and remanded it due to procedural deficiencies, including a failure to provide a pre-forfeiture hearing.

The Board denied the veteran's claims for service connection for the cause of his death, dependency and indemnity compensation under 38 U.S.C.A. § 1318, and dependents' educational assistance under 38 U.S.C.A., Chapter 35.

The veteran's impotence, which was caused by medication for service-connected hypertension, has been resolved. The Board found that the veteran no longer suffers from complete impotence and thus does not meet the criteria for special monthly compensation based on loss of use of a creative organ.

The Board found no current diagnosis of pulmonary disability and no objective indications of a chronic disability manifested by pulmonary symptoms. The veteran's claim for service connection for pulmonary disability was denied as there were no signs or symptoms of the claimed condition in service or post-service.

The VA denied the veteran's claims for increased evaluations for his service-connected right thigh disability, finding that the current ratings adequately reflect the severity of his condition.

The Board denied an increased evaluation for the veteran's service-connected tear of the lateral meniscus of the left knee, finding that the disability did not meet criteria for a higher rating under any applicable diagnostic codes.

The Board has denied the veteran's claims for service connection for a throat disorder, residuals of catarrhal fever, and ulcer disease. The Board found that there was no evidence of chronic conditions related to these disorders during or within one year after service.

The Board has reopened the veteran's claim of service connection for chronic bilateral otitis media with deafness and granted it, finding new and material evidence to support the claim.

The veteran's spinal fusion at L4-L5 is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board of Veterans' Appeals (BVA) has determined that the overpayment of $303.80 for educational benefits was properly created and thus denied the veteran's appeal.

The VA determined that the veteran's left clavicle fracture does not meet the criteria for a higher rating, as his current disability does not warrant an increased rating beyond 10 percent.

The Board denied the veteran's claim for an effective date earlier than April 15, 1997 for the grant of non-service-connected pension.

The Board denied the appellant's request for a waiver of recovery of an overpayment of death pension benefits in the amount of $9,160 due to her failure to report income and her significant fault in creating the overpayment. The decision also noted that she currently has financial hardship.

The Board has granted a rating of 10 percent for the veteran's service-connected verruca vulgaris (warts) on the left hand and wrist, effective from August 30, 2002. The condition is rated as superficial scars with poorly nourished areas that do not meet criteria for higher ratings under the amended regulations.