Other conditions decisions — 2003

The Board has denied the veteran's claims for service connection for a thoracic spine disability and residuals of a fracture of the right index finger, finding no current disabilities in either case.

The case is being remanded to the RO for further actions including scheduling a hearing, obtaining verification of the veteran's service dates, and ensuring that the appellant's correct mailing address has been obtained.

The Board found that the veteran's dysthymic disorder was not incurred in or aggravated by active service and denied his claim.

The case is being remanded to the VAMC for additional development, including obtaining missing medical records and determining whether authorization was obtained for the private eye care expenses incurred from February 23, 1999, to May 28, 1999.

The Board denied the veteran's claim for service connection for a skin disability, finding no evidence linking his current condition to his active duty or exposure to Agent Orange.

The VA determined that the veteran's odynophagia, manifested by occasional regurgitation and reflux without significant weight loss or other severe impairment of health, warrants a 30 percent evaluation.

The Board found that the September 1956 decision to sever service connection for pes cavus was not based on clear and unmistakable error, and denied reopening of the claim due to lack of new and material evidence.

The veteran's damage to Muscle Group XII, left lower extremity is currently rated at 30 percent due to severe impairment of the muscle group. Additionally, there are tender and painful scars on the left calf warranting an additional 10 percent rating.

The Board denied an increased evaluation for the veteran's T12 compression fracture with fusion T11-L1, currently rated at 20 percent. The evidence did not meet criteria for a higher rating under Diagnostic Codes 5292 and 5295.

The veteran's spouse is requesting a hearing at the RO to appeal for an earlier effective date for Dependency and Indemnity Compensation. The case has been remanded due to this request.

The Board found that the veteran's receipt of additional income from Prudential and Teamsters in 1999 and 2000 resulted in an overpayment of $1,891 for his nonservice-connected disability pension benefits. The appeal is denied.

The veteran's overpayment of VA disability pension benefits was waived due to his failure to report his divorce in a timely manner, despite being aware of the change in marital status and pending divorce.

The VA denied the veteran's claim for a higher rating for his service-connected pericarditis, currently rated at 30 percent. The Board found that the veteran's symptoms were due to his nonservice-connected coronary artery disease and did not meet the criteria for a higher rating under applicable disability evaluation criteria.

The veteran's unauthorized medical care on June 29, 2001 for constipation and pneumonia was denied as VA facilities were deemed feasibly available during the four days he was symptomatic.

The veteran withdrew his appeal regarding service connection for residuals of an Epstein-Barr viral infection.

The Board denied the veteran's claim for service connection for peripheral vascular disease, finding that it did not develop during or within one year following his military service and is not attributable to a legally recognized incident of such service. The appeal was based on direct service connection.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for osteomyelitis of the skull with skull loss was denied as his condition did not result from VA negligence.

The VA has denied the veteran's claim for an increased rating for his service-connected paroxysmal peripheral vasoconstriction, currently diagnosed as Raynaud's disease. The evidence does not meet the criteria for a higher evaluation under either the old or new rating criteria.

The Board has reopened the claims for service connection for nasopharyngitis and a right foot disorder, but has not determined whether these conditions are related to service due to lack of current diagnoses.

The Board has determined that service connection is not warranted for barotitis or residuals of a left eye contusion as the evidence does not show chronic residuals from these conditions.