Other conditions decisions — 2003

The Board has determined that the veteran's service-connected disabilities, including chronic osteomyelitis and ulcerations of the left leg, contributed substantially to his death from generalized sepsis. As such, service connection for the cause of the veteran's death is granted.

The Board has granted service connection for cold injury residuals of the hands and feet, effective from August 21, 1997. The combined rating is now at 50 percent.

The Board denied the veteran's claim for eligibility for outpatient dental treatment, finding that there was no problem in his dental area that would compromise his service-connected disability of subtotal gastric resection for duodenal ulcer.

The veteran's claim for an increased rating for her service-connected gastrointestinal disability, diagnosed as tension gastritis, was denied due to failure to report for a scheduled VA examination.

The Board has determined that the veteran's postoperative residuals of a left patellar tendon rupture do not warrant a rating higher than 10 percent, as there is no evidence of more severe symptoms such as recurrent subluxation or lateral instability.

The Board has granted a 10 percent rating for the scar from a shell fragment wound of the left leg, finding that it is tender and painful to objective demonstration.

The Board denied the veteran's claim for an increased evaluation for his service-connected dizziness due to an undiagnosed illness, finding that a rating in excess of 10 percent is not warranted.

The Board found that the veteran's jaw injury sustained during service is likely related to his current condition, and granted service connection for the residuals of a jaw injury.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the residuals of a back injury, but it is not clear whether the current condition is related to military service.

The Board denied the veteran's claim for service connection for residuals of cold weather injuries due to a lack of available service medical records and the absence of current evidence of such disabilities.

The Board found that the veteran engaged in bad faith by failing to report his receipt of Social Security benefits, which resulted in an overpayment. The claim for service connection on the merits is denied.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability resulting from VA surgery in April 1991 is denied as there is no evidence of a current disability.

The Board has determined that the veteran's current left leg disability, including residuals of fracture of the left tibia and fibula with ossification between the left tibia and fibula distally, is at least as likely as not attributable to a severe sprain of his left ankle during service.

The Board found that the veteran's current focal neuropathies, including those of the ulnar nerves bilaterally and the right peroneal nerve, did not develop in service or due to military exposure. The decision concluded that these conditions are unrelated to his military service.

The Board denied the veteran's claims for increased evaluations for his bilateral knee patellofemoral syndrome, finding that the evidence did not support a rating greater than 10 percent.

The Board denied the veteran's application to reopen his claim for service connection for a lung disorder, including hypoxemia, as there was no new and material evidence submitted.

The Board found no evidence linking the veteran's death to any service-connected condition or a disease that may have been incurred during his military service. The cause of death was determined to be cardiopulmonary arrest with an underlying cause of acute bronchopneumonia, but there is no clear connection to service.

The Board has determined that medical expenses reported after the death of the veteran's stepfather can be considered in determining eligibility for accrued benefits for the purpose of receiving reimbursement for last medical and burial expenses paid on behalf of the veteran's stepfather.

The Board denied an increased evaluation for patellar chondromalacia of the left knee, currently rated at 10 percent.

The Board has granted a waiver of recovery for the overpayment of improved death pension benefits, in the calculated amount of $32,512.24, due to the appellant's financial hardship and inability to repay.