Other conditions decisions — 2003

The veteran's claim for an earlier effective date for a 10% rating for residuals of a fractured pelvis was denied as he did not file the required appeal within one year of receiving notification of his October 6, 1955, non-compensable rating decision.

The appellant's service does not legally qualify him for entitlement to VA non-service-connected disability pension due to the absence of legal merit, or the lack of entitlement under the law.

The veteran's death was not service-connected, but the appellant received dependency and indemnity compensation benefits effective May 17, 2001, based on a liberalizing law that became effective in October 1978. The RO revised the effective date to reflect this.

The Board denied the appellant's claims for service connection for peptic ulcer disease and eligibility for non-service-connected pension benefits. The Board found that the preexisting peptic ulcer disease existed prior to service and did not undergo a chronic increase in severity during active duty, thus denying service connection. Additionally, the appellant did not meet the basic eligibility requirements for non-service-connected pension benefits.

The Board has denied the appellant's claims for service connection for head injury and ear disorders, finding that there is no evidence of a chronic disease or disability incurred in or aggravated by military service.

The Board has granted the maximum evaluations for all three service-connected disabilities, with no further increase in evaluation possible.

The Board found that the veteran's service-connected rheumatic fever substantially or materially contributed to his death due to cardiac arrhythmia, hypotension, dehydration, and gastroenteritis.

The Board found that the veteran's service-connected foot disabilities, characterized as hallux valgus with arthritis and metatarsalgia, are currently rated at 10 percent for each foot. The evidence did not support a higher rating under any applicable diagnostic codes.

The Board has granted service connection for the veteran's hairy-cell leukemia, finding that it is related to his exposure to Agent Orange during service.

The Board denied service connection for the cause of the veteran's death, finding that his service-connected enucleation, left eye with prosthesis did not contribute substantially or materially to cause his death.

The veteran's hypertensive cardiovascular disease was evaluated at a 60 percent rating from September 2, 1993 to January 11, 1998. The claim for an increased evaluation in excess of 60 percent prior to this period remains pending.

The Board denied an increased disability rating for the veteran's hypertensive cardiovascular disease with inferior wall ischemia, finding that the manifestations did not meet criteria for a higher rating under either the old or new rating schedules.

The veteran's claim for increased evaluations for the residuals of his gunshot and shell fragment wounds was received by VA on February 6, 1985. The effective date for the awards of a 20 percent rating for the residuals of a gunshot wound of the left buttock and a 10 percent rating for the residuals of a shell fragment wound to the left thigh is granted as of February 6, 1985.

The Board has determined that the veteran's bilateral pterygium began during service and granted service connection for this condition. The claim for residuals of a facial injury was denied as there is no credible evidence linking these current issues to service.

The Board denied the veteran's claims for increased ratings for cicatrix, with retained foreign bodies, residuals of shrapnel wounds of his upper arms and neck. The effective date issue was not addressed as it was not part of the appeal.

The Board denied the veteran's claims for increased ratings for residuals of cold injury to both feet, finding that the evidence did not warrant a rating in excess of the current 30 percent evaluations.

The Board found that the veteran's current deformity of the right toes is not related to his service, specifically the injury in June 1963. The claim for service connection was denied.

The veteran's claim for service connection for arthritis of multiple joints was denied as there is no evidence showing the condition had its onset during or due to active service.

The Board denied the appellant's request for waiver of recovery of overpayment in improved pension benefits from November 1999 to March 2001, finding that his failure to report income constituted bad faith.

The Board has remanded the case for additional development due to the receipt of new evidence after a Supplemental Statement of the Case (SSOC) was issued.