Other conditions decisions — 2003

The VA has denied an increased disability rating for the veteran's bilateral otitis externa, as it is already rated at the maximum schedular disability rating.

The Board has determined that the veteran's duodenal ulcer with hiatal hernia does not warrant a higher evaluation, and his claim for total disability rating based on individual unemployability due to service-connected disabilities is also denied.

The Board denied the appellant's claim for apportionment of the veteran's VA benefits due to financial hardship and because it would cause undue hardship on the veteran.

The VA denied the veteran's claim for an increased evaluation of his service-connected mitral regurgitation due to mitral valve prolapse with acute myocardial infarction, as it did not meet the criteria for a higher rating.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to certain VA benefits.

The Board has reopened the appellant's claim to recognize her as the veteran's surviving spouse for VA benefits, but denied the claim due to a finding that she was at fault in the separation from the veteran.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new and material evidence, but finds that there is no basis to grant service connection as the medical evidence does not support a link between the veteran's cardiovascular disease and his military service.

The Board has determined that the veteran's service-connected orthopedic residuals of a chip fracture of the left ulnar styloid warrant a 20 percent evaluation, as there is no evidence of nonunion in the upper half of the ulna with false movement and loss of bone substance. The additional complaints of ulnar neuropathy, carpal tunnel syndrome, and degenerative joint disease are not considered for rating purposes due to lack of sufficient medical evidence linking these conditions to the service-connected chip fracture.

The Board denied service connection for the cause of the veteran's death, finding no evidence linking the colon cancer to his military service.

The veteran's countable income for the period from January 1, 2000, through June 30, 2002, exceeded the maximum annual pension rate and payment of benefits was terminated.

The Board of Veterans' Appeals denied the appellant's claim for basic eligibility to VA benefits due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces.

The Board has denied the veteran's claims for service connection for residuals of rheumatic fever, rheumatoid arthritis, osteoarthritis of the left ankle, osteoarthritis of the right shoulder, and osteoarthritis of the knees. The evidence does not support a finding that these conditions are related to active service.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for stomach ulcers, as the evidence does not show a link between his service and his current condition.

The Board has determined that the veteran's service-connected residuals of a tear to the iris of his left eye warrants a compensable (10%) disability rating due to episodic incapacity resulting from photophobia, but not for pain or rest requirements.

The veteran's death prevented the appellant from receiving accrued benefits due to her failure to file a claim for such benefits within one year of his death.

The Board denied the veteran's claim for an earlier effective date of August 1, 1999, for his award of nonservice-connected pension benefits due to a renouncement of prior pension awards and the receipt of a new application within one year after release from prison.

The veteran's service-connected back disability, manifested by limitation of back extension to 15 degrees with pain on motion, is rated at 20 percent since the initial grant of service connection.

The Board found that the appellant did not have recognized guerrilla service and therefore does not meet basic eligibility for VA benefits.

The Board found no evidence of malaria in service or post-service, and the veteran's right testicle disorder was not shown to have been aggravated by service. The loss of the right testicle is also not supported by the evidence.

The Board denied the appellant's claim to reopen her VA death benefits due to lack of new and material evidence regarding her husband's claimed guerilla service in the Armed Forces.