Other conditions Board decisions

The Board has denied the veteran's claims for increased ratings for his left upper extremity, supranuclear facial palsy, and left lower extremity residuals of a cerebral infarct as there is no evidence of incomplete paralysis or radicular nerve paralysis.

The veteran's claims for increased evaluations of his cognitive disorder and cervical spine disability were denied. The effective date for the grant of service connection for a cognitive disorder was set at April 17, 2000.

The Board found that the overpayment of $16,680.90 was properly created due to the veteran's incarceration for a felony conviction and denied his request for waiver because he did not file it within the required 180-day period.

The Board has determined that the veteran does not have nicotine dependence due to service, and therefore denied his claim for service connection.

The veteran's claims for increased ratings for hallux valgus of the left and right feet, as well as chondromalacia patella of the right and left knees with arthritis, were denied. The claim for a separate 10% rating based on multiple noncompensable service-connected disabilities was also denied.

The Board has granted an initial evaluation of 10 percent for weight gain, secondary to prescribed Feldene (Peroxicam), effective from March 1999. The veteran experiences fatigability and fluctuating weight gain as a result of the medication.

The appellant's claims for death pension benefits and accrued benefits were denied, as the veteran did not have recognized guerrilla service that would qualify him for these benefits. The cause of the veteran's death was not incurred in or aggravated by his military service.

The Board denied the veteran's claims for increased ratings for cold injury residuals of both feet and peripheral neuropathy of the right and left feet, finding that the evidence did not meet the criteria for a higher rating under either the old or new versions of Diagnostic Code 7122.

The Board of Veterans' Appeals has determined that the veteran's residuals of a tear, right ACL are causally related to his active service and did not pre-exist such service. As such, the claim for service connection is granted.

The veteran's claims for service connection for nicotine dependence and emphysema as secondary to nicotine dependence are denied due to the provisions of 38 U.S.C.A. § 1103, which prohibits service connection for disabilities resulting from tobacco use during active service.

The Board found that the February 16, 1959 decision to reduce the veteran's thoracic spine disability evaluation from 10 percent to 0 percent was not CUE. The June 24, 1974 decision to continue a 0 percent evaluation for the service-connected thoracic spine disability was also upheld. The Board determined that an increased evaluation for the service-connected thoracic spine disability is not warranted based on current evidence.

The Board has determined that the veteran's esophageal reflux is proximately due to or the result of her service-connected knee disabilities, and thus grants service connection for this condition.

The appellant is not considered the surviving spouse of the veteran for the purpose of payment of VA death benefits.

The Board has determined that the veteran's service-connected hammer toes of the third and fourth toe do not warrant a compensable disability rating, as they are manifested by minimal hammer toes. The right sciatic nerve disability is currently rated at 10%.

The VA denied the appellant's request to reopen her claim of entitlement to service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's esophageal cancer was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred therein. The claim for service connection is denied.

The Board found no evidence of a causal link between the veteran's current allergies and any incident of service, thus denying her claim for service connection.

The veteran's dysthymic disorder is rated at 50% and his TDIU rating due to service-connected disability is effective since February 8, 1996. The right shoulder disability is rated at 30%, the trapezius muscle atrophy at 10%, and the pectoralis muscle atrophy at 0%. These ratings are effective as of their respective dates.

The VA denied the veteran's claims for increased evaluations for his cervical torticollis and left knee conditions. The VA found that the evidence did not support a rating in excess of 10 percent for these conditions.

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