Other conditions decisions — 2003

The Board denied the veteran's claim for an increased rating for his service-connected residuals of rheumatic fever, finding that the evidence did not meet the criteria for a higher disability evaluation.

The veteran's conversion reaction causes occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a 30 percent disability rating.

The veteran's service-connected enucleated right eye disability does not meet the criteria for a TDIU due to its low percentage rating, but his unemployability is acknowledged.

The veteran's initial ratings for her bilateral foot disabilities are found to be proper, with no higher evaluations warranted.

The Board denied the veteran's application to reopen her claim for service connection for non-Hodgkin's lymphoma as a result of exposure to Agent Orange, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for service connection for a skin disability of the feet, an increased initial rating for acne keloidalis nuchae of the scalp, and an earlier effective date for the award of service connection for acne keloidalis nuchae of the scalp. The total disability rating based on individual unemployability claim was also denied.

The Board granted an effective date of May 20, 1998 for the assignment of a TDIU. The issue regarding whether there was clear and unmistakable error in the October 1995 rating decision denying entitlement to a TDIU is denied.

The veteran's claim for an increased rating for his shell fragment wound of the left hip was granted, with a 30 percent disability rating effective September 19, 2002.

The Board found that the veteran's right elbow disability was not incurred or aggravated in service, and denied his claim.

The Board denied the veteran's claim for service connection for sesamoiditis of the left great toe as secondary to his service-connected residuals of a fractured left ankle, finding no medical evidence linking the two.

The Board finds that the veteran's death was not caused by a service-connected disability, and thus does not warrant service connection for the cause of death.

The Board has determined that the veteran's hernia preexisted service and did not increase in severity during active duty, thus denying his claim for service connection.

The Board has determined that the veteran's service-connected residuals of a fractured jaw do not warrant a compensable rating, as his disability does not meet the criteria for any higher evaluation under applicable diagnostic codes.

The veteran's appeal of the issues of entitlement to service connection for a head and neck injury, and diverticulitis has been dismissed without prejudice.

The Board found that the veteran's prostate and skin disorders are presumed to be related to his service in Vietnam, where he was exposed to Agent Orange. However, there is no evidence of a chronic condition during service or during an applicable presumptive period, so the claims for these conditions were denied.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $793.50, finding that recovery would not be against equity and good conscience.

The Board found that the veteran was solely at fault for the creation of the overpayment and denied his request for waiver. The decision concluded that recovery would not be against equity and good conscience.

The Board denied the appellant's claims for an initial compensable rating for a uterine fibroid tumor from April 1 to December 16, 1998 and for an initial rating in excess of 30 percent for post-hysterectomy residuals on and after April 1, 1999. The Board also denied service connection for endometriosis and the removal of both ovaries due to multiple follicular cysts.

The veteran has agreed to the current disability rating of 60 percent for his service-connected Crohn's disease, and thus the appeal is dismissed.

The Board denied the veteran's request for waiver of an overpayment of VA compensation in the amount of $6,899.53 due to his failure to notify VA of his divorce from his wife until September 1997.