Other conditions Board decisions

The VA determined that the veteran's income exceeded the maximum limit for receiving Improved Disability Pension benefits, thus denying his claim.

The Board granted a 10 percent rating for chondromalacia of the left and right patellae, effective from June 28, 1996.

The Board granted a 10 percent evaluation for the veteran's otosclerosis with impaired hearing and post stapedectomy effective from August 28, 2000. The veteran was previously denied compensable evaluations prior to this date.

The veteran's right foot disabilities, including a fracture fragment, exostosis of the first carpal-metacarpal joint, and early degenerative joint disease of the large toe, are considered to be due to an in-service injury.

The veteran's claim for waiver of overpayment of VA improved pension benefits was denied due to bad faith on his part.

The Board has determined that the veteran's claims for service connection for esophageal reflux disease and restricted lung disease are not well grounded. The claim for service connection for injuries sustained from a fall, claimed as secondary to the service-connected bilateral knee disabilities is denied due to lack of new and material evidence. The issue regarding an increased evaluation for total arthroplasty due to degenerative joint disease and synovitis of the left knee has been addressed.

The Board found that the veteran's arthritis of the back did not result from treatment at a VA medical facility and denied his claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's perforated nasal septum does not warrant a rating in excess of 30 percent, as it is manifested by a persistent slight deviated nasal septum and an anterior septal perforation without active crusting or bleeding. The current 30 percent rating remains in effect.

The Board denied the veteran's claims for service connection for bilateral patellofemoral syndrome, tendonitis, and athlete's foot or other fungus infection. The claim for a higher initial rating for chronic medial tibial stress syndrome of the right leg was granted with an initial 10 percent disability rating.

The veteran's claim is being remanded for additional development, including obtaining medical records and scheduling a VA psychiatric examination to determine the severity of his service-connected post traumatic stress disorder.

The veteran's claim for an effective date prior to December 6, 1994 for the grant of service connection for muscular dystrophy is denied.

The Board has reopened the claim for service connection for PSC, claimed as secondary to radiation exposure, and granted it. The evidence submitted since the last denial supports this decision.

The Board denied the veteran's claim for an increased disability rating for his GSW residuals and found that he did not meet the criteria for a permanent and total disability rating for pension purposes.

The appellant's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code is denied due to his eligibility termination date established by DOD.

The veteran's service-connected CVA contributed to his death from AIDS. The Board found that the veteran was materially less capable of resisting the effects of AIDS due to his service-connected CVA.

The Board found that the veteran's disc disease at C6-7 with mild scoliosis of the thoracic spine does not warrant an evaluation in excess of 20 percent.

The Board denied service connection for ampullary adenocarcinoma of the pancreas as there was no medical evidence linking it to service, including exposure to Agent Orange.

The Board denied the appellant's claim for improved death pension benefits due to her income exceeding the statutory maximum annual income limits.

The Board found that the veteran's acute myelogenous leukemia was first manifested in service and is presumed to have been incurred due to his exposure to ionizing radiation during Operation Teapot. The Board granted service connection for the cause of death.

The Board denied the veteran's claims of entitlement to service connection for congestive heart failure as secondary to his service-connected essential hypertension with headaches and an increased evaluation for his service-connected essential hypertension. The claim was found not well-grounded.