Other conditions decisions — 2009

The Board has determined that the appellant's service-connected right hand disability warrants an initial 10 percent rating since the award of service connection, considering his symptoms and functional loss.

The Board found that the Veteran's mandibular prognathism existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board denied an effective date prior to January 20, 2003 for the assignment of separate 20 percent evaluations for cold injury residuals of the right and left lower extremities.

The Veteran has been granted service connection for excessive sweating, fatigue, and stomach and intestine pain as due to an undiagnosed illness related to his service in the Southwest Asia theater of operations during the Persian Gulf War.,Medical evidence supports a finding that these conditions are chronic and became manifest during active service.

The Board found that the Veteran's Chronic Lymphocytic Leukemia (CLL) was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's claims for service connection for retinopathy and cataracts secondary to his service-connected diabetes mellitus have been denied as there is no evidence of current disability manifested by these conditions.

The Board found no evidence to support the Veteran's claims for service connection of pneumonia, right inguinal hernia, and residuals of myocardial infarction.

The Board found that the Veteran's current skin disorder is not related to his service, and denied his claim for service connection.

The Board denied reopening the claim because no new and material evidence was submitted to change the previous denial of eligibility for VA benefits due to a dishonorable discharge.

The Board has determined that no new and material evidence has been received to reopen the Veteran's claim for VA pension benefits based on injuries sustained in a motor vehicle accident due to his own willful misconduct.

The Veteran's trapezius myofascial strain of the right shoulder has been rated at 20 percent since June 3, 2005.

The Veteran's death from a heart attack was not caused by VA negligence or carelessness, and the excessive bleeding during surgery did not contribute to his death.

The Veteran's PTSD has caused total social and occupational impairment, warranting a 100% disability rating from the date of service connection.

The Board found that the Veteran's blindness and loss of his left eye were not caused by VA treatment, as PVR is a known risk of retinal detachment repair. The Board determined there was no evidence of fault on the part of VA.

The Board denied the Veteran's claims for service connection for a chronic condition manifested by dizziness, an initial rating in excess of 10 percent for cervical strain, and an initial compensable rating for right ankle fracture. The evidence did not support the presence of a current diagnosis of dizziness or any other chronic condition related to service.

The Board has determined that the Veteran's claims for increased ratings for his left knee disorders are not supported by the evidence of record, and therefore, denied.

The Veteran's claim of entitlement to service connection for a laryngeal condition was denied as there is no current diagnosis of such a disability and the evidence does not establish that his symptoms are related to active duty service.

The Board found no evidence of a left eye disorder during service and insufficient post-service medical evidence to establish continuity of symptomatology. The Veteran's current complaints are not related to his military service.

The Board has determined that the Veteran's cold injury residuals of the upper and lower extremities were neither incurred in nor aggravated by service, thus denying both claims.

The Board found that the appellant acted in bad faith by not reporting her son's Social Security Administration (SSA) income, resulting in an overpayment of VA pension benefits. As a result, the waiver of recovery of this overpayment was denied.