Other conditions Board decisions

The Board has granted service connection for prostatic hypertrophy, postoperative status, finding that the veteran's surgeries were performed in response to prostatic hypertrophy initially shown during peacetime service.

The veteran sustained a cold injury to both hands during service and currently has residuals of this injury. The Board finds that the evidence is in equipoise, resolving doubt in favor of the veteran, and grants service connection for cold injury residuals to the hands.

The Board found no evidence to support the veteran's claim that her bilateral hip disorder, including avascular necrosis and degenerative joint disease, was incurred in service. The weight of the evidence is against the veteran's claim.

The Board has determined that the appellant's character of discharge from service is a bar to his receipt of VA benefits.

The Board determined that the veteran's adjustment disorder with depressive features does not warrant an evaluation in excess of 30 percent, and his service-connected disability does not render him totally and permanently incapable of obtaining and maintaining all forms of substantially gainful employment.

The Board has denied the veteran's claim of service connection for residuals of a left foot injury due to insufficient evidence and incomplete medical records.

The Board has reopened the veteran's claim of entitlement to service connection for a prostate disorder due to new and material evidence submitted since the last final denial in February 1998.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling VA examinations to address the veteran's claims of service connection for thoracic outlet syndrome and evaluation of lumbosacral strain with spasm and arthritis.

The Board has remanded the case for additional development, including a VA examination of the veteran's back disorder and right foot disability. The veteran is advised to respond within the given period.

The Board denied the veteran's claims for a temporary total rating based on convalescence following surgery and an increased rating for his right wrist ganglionectomy, finding that there was no evidence of required immobilization or extended convalescence related to his service-connected conditions.

The veteran's service-connected chronic lung condition with shortness of breath and dyspnea was rated at 30 percent effective December 20, 2000. Before that date, the evaluation was 10 percent from September 25, 1995 to July 22, 1997.

The Board has determined that the appellant's left middle finger disability warrants a 20 percent rating, based on moderate incomplete paralysis of the median nerve.

The Board has denied the veteran's claim for an increased evaluation for her service-connected left tibial plateau fracture with traumatic arthritis, currently rated at 40 percent.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied because he failed to report for scheduled VA examinations without good cause.

The Board denied a compensable rating for bilateral defective hearing on an extraschedular basis, finding that the veteran's employment and hospitalization did not meet the criteria for an exceptional or unusual disability picture.

The Board has determined that recovery of the overpayment would not violate equity and good conscience, as the appellant is shown to be at fault in creating the overpayment due to her failure to report income. The Board finds no evidence of bad faith on her part but concludes she has a very high degree of fault.

The Board has determined that the veteran's residuals of a gunshot wound to the left hand, primarily manifested by arthritis and marked limitation of motion, do not warrant an evaluation in excess of 20 percent.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disability is remanded as the VA examinations did not address the effect of his service-connected subtotal gastric resection on his ability to work. Additional development, including obtaining medical records and scheduling an examination, is required.

The veteran's death was unrelated to his military service, and he had a total disability rating for more than five years prior to his death. The appellant is seeking an earlier effective date for DIC benefits based on her original application in 1981, but the Board found that no decision regarding her entitlement was made by VA at that time, and she did not resubmit her completed application within one year of its return. Therefore, the earliest possible effective date for DIC benefits is August 1, 1998.

The veteran's claim for service connection for squamous cell carcinoma of the left true vocal cord was received on July 20, 1998. Since no claim was submitted within one year of discharge from service and there is no legal basis for an earlier effective date, the appeal is denied.