Other conditions decisions — 2003

The Board found that the appellant knowingly made false statements regarding his involvement with the Bureau of Constabulary, leading to forfeiture of all rights and benefits under VA laws.

The veteran's claim for a compensable rating for urethral stricture from October 21, 1992 to April 17, 1999 was granted. For the period commencing April 17, 1999, he is rated at 20 percent for his condition.

The Board has determined that the veteran's current diagnosis of post-concussion syndrome, including a neurocognitive deficit, was incurred in service and is granted.

The Board denied the veteran's claim for service connection for pain in the right side with excessive menstrual bleeding, finding no new and material evidence to reopen her previous denial from 1981.

The Board denied the veteran's claim for service connection as there was no evidence of a chronic lung disorder during service, and no medical nexus between military service and his current condition. The gap in treatment after service separation is too long to support an in-service onset.

The Board has reopened the claim for service connection for bilateral defective hearing due to new and material evidence submitted by the veteran. The issue is whether the veteran's current hearing loss can be linked to his military service, including noise exposure during boot camp in 1968.

The Board has determined that the veteran's current right great toe disability is service-connected, but there is no evidence of a rash on his hands, dry and splitting fingernails or bleeding fingers.

The Board dismissed the appeal because the veteran died before a decision could be made, and thus had no jurisdiction to decide the claim for service connection for Legg-Perthes disease of the left hip.

The Board found no current respiratory residuals of inhalation exposure to tritium gas and denied the veteran's claim for service connection.

The veteran withdrew his appeal of the issues of service connection for skin disease, including a fungal infection of the feet and skin spots, due to exposure to Agent Orange, and of increase ratings for malaria and PTSD.

The Board has granted the claim of service connection for sexual impotence, finding that it is related to the service-connected psychophysiological gastrointestinal reaction with impaired sphincter or medications taken for the service-connected disability.

The veteran's claim for an earlier effective date for nonservice-connected pension benefits was denied as there is no evidence showing he became permanently and totally disabled within the one-year period preceding his September 30, 1999 claim.

The Committee granted the veteran's claim for waiver of an overpayment of Chapter 30 benefits in the amount of $1,206.97, which resolved the issue and rendered it moot.

The Board denied the veteran's claim for an increased evaluation for his bilateral flatfoot with hallux valgus, finding that the disability did not more nearly approximate the criteria for a higher rating under Diagnostic Code 5276. The veteran was granted separate ratings of 10 percent each for right and left hallux valgus.

The Board found no evidence linking the veteran's service-connected disabilities to his cause of death, ALS. Therefore, the claim for service connection for cause of death was denied. The appellant is also not entitled to special monthly compensation by reason of need for regular aid and attendance or being housebound as her husband died without meeting the criteria.

The Board found that the veteran's VA disability compensation benefits were erroneously reduced due to an overpayment of $21,578.59 and concluded that this reduction was improper. As a result, the issue of waiver of recovery of the debt is now moot.

The Board found that the net worth of the veteran's widow was not excessive for the receipt of death pension benefits effective January 1, 2001.

The Board has determined that the veteran's spouse had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, the appellant is not eligible for VA benefits based on her spouse being a veteran.

The veteran's annual countable income, effective from August 2001, exceeds the maximum annual income limitation for a veteran with one dependent. As such, his application for VA improved pension benefits is denied.

The Board denied an initial evaluation in excess of 10 percent for the appellant's residuals, fracture, left radial head.