Other conditions decisions — 2003

The Board has reopened the veteran's claim for service connection for gastro-intestinal disorder, including chronic diarrhea. The evidence submitted since December 1997 confirms that he experienced chronic diarrhea since service.

The Board denied the veteran's application to reopen his claim of entitlement to service connection for urethritis, claimed as chancroid penis, finding that no new and material evidence had been submitted.

The veteran's claims for an effective date prior to May 21, 1959 and a temporary total disability evaluation due to hospital treatment are denied. The earliest effective date assignable is the date of receipt of claim (May 21, 1959).

The appellant is denied basic legal entitlement to VA benefits as a child of the veteran due to her current marriage, which disqualifies her from being considered a child for VA purposes.

The Board has granted a 20 percent evaluation for the veteran's residuals of a right knee medial meniscus tear, which was previously rated as 10 percent disabling.

The Board denied the claim of clear and unmistakable error in the December 1970 rating decision that denied service connection for the cause of the veteran's death. The Board found no CUE based on the facts then known, as there was no evidence showing a causal connection between the service-connected inactive pulmonary TB and the right cerebral hemorrhage.

The Board denied service connection for back injury residuals (claimed as arthritis of the back) and bilateral patellar bursitis, finding no evidence linking these conditions to military service.

The VA reduced the veteran's disability rating from 60% to 20%, but found that this reduction was not supported by evidence demonstrating sustained improvement in his condition.

The Board has determined that a VA examination is needed to determine the nature and likely etiology of the veteran's cancer of the sinuses, including whether it is related to exposure to Agent Orange. The case will be remanded for further development.

The Board found no evidence of a chronic left leg disorder attributable to service, and denied the veteran's claim for service connection.

The Board denied an increased rating for the veteran's service-connected ventral hernia, postoperative recurrence of epigastric hernia and dismissed the earlier effective date claim.

The Board denied the veteran's claims for service connection for Systemic Lupus Erythematosus and an increased rating for postoperative residuals of removal of a submaxillary gland renula, finding that new evidence did not establish service connection.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error because it did not meet the required criteria.

The Board found that the appellant's onychomycosis of both feet is manifested by no more than slight, if any, exfoliation, exudation, or itching of the toenails, and consists of less than five percent of the entire body. The disability is currently rated as zero percent disabling.

The Board denied service connection for a chronic respiratory disorder and granted service connection for arthritis of the right chest area claimed as due to an undiagnosed illness.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 as she did not have a service-connected disability rated at 100% for at least 10 years immediately preceding her husband's death.

The Board denied service connection for the cause of the veteran's death and also denied dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of new and material evidence, as well as failure to meet the criteria for benefits under that section.

The Board found that the veteran's cardiovascular disease is not proximately due to or aggravated by his service-connected PTSD, and thus denied the claim for secondary service connection.

The Board found that the overpayment of death pension benefits was properly created due to the appellant's failure to report income from a second job and a retirement pension payment. The Board also determined that waiver of recovery is precluded because of bad faith on the part of the appellant.

The VA denied the veteran's claim as his impotence and penile deformity are considered a known complication of TURPs, which were performed for appropriate clinical indications.