Other conditions decisions — 2000

The Board has reopened the veteran's claim and found new and material evidence to support it. The issue now is whether the ulcer disease is related to medication prescribed for his service-connected right knee disorder.

The veteran's claims for increased evaluations and service connection were granted, with the exception of TDIU which is referred to the RO.

The Board found no competent medical evidence establishing a nexus between the veteran's current diagnosis of gingivitis and his prior service or any service-connected disability, thus denying the claim for service connection for gum disease as secondary to his service-connected disabilities.

The Board found that the veteran's pre-existing left foot disability did not undergo a permanent increase in severity during service and denied his claim for service connection.

The Board denied the veteran's claims for an effective date prior to January 12, 1998 for assignment of a compensable rating and for an increased rating for postoperative residuals of an umbilical hernia repair.

The VA denied service connection for headaches, attributing them to a pre-existing left occipital lobe AVM that existed prior to service. The veteran's arguments about the MEB and PEB reports were considered but did not change the outcome.

The veteran's claim for service connection for a bilateral leg disorder was denied by the RO. The case is being remanded to obtain medical records from the Fayetteville VAMC and Onslow Memorial Hospital.

The Board has determined that the appellant does not have a neck disability due to disease or injury incurred in service, and thus denied his claim for service connection.

The Board found no evidence of a current diagnosis of traumatic arthritis of the left hand and denied the claim for service connection.

The Board has remanded the case for compliance with a previous directive to conduct an examination and obtain color photographs of the veteran's skin lesions. The claim will be reconsidered after these steps are completed.

The Board denied the appellant's claims for DIC or DP benefits as her deceased husband was discharged under dishonorable conditions and thus not considered a 'veteran' for purposes of receiving these benefits.

The Board found that the appellant's income exceeded the maximum allowable annual income for an improved death pension, and thus her monthly pension benefits were properly terminated on January 1, 1995. The monthly pension rate from January 1, 1994 through December 31, 1994 was correctly calculated at $151.

The veteran's claim for service connection for brain tumors with residual left eye disability was denied.,The RO granted a ten percent evaluation for the veteran's right foot fracture, effective from March 1995.

The veteran's claim for service connection for a stomach disorder, secondary to his service-connected lumbosacral strain was denied.

The veteran died from probable acute myocardial infarction. The Board finds that the cause of death is not due to VA medical care and thus, the appellant's claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's current diagnosed back strain was not present during service or for many years thereafter and is not causally related to service-connected conditions. Therefore, service connection for back strain cannot be granted.

The veteran's HIV-related illness is currently rated at 60 percent, but the Board finds no basis for a higher rating due to lack of recurrent opportunistic infections or secondary diseases affecting multiple body systems.

The Board found no competent medical evidence linking any current eye disorder, including vision loss and conjunctivitis, to the veteran's military service. The claim is therefore not well grounded.

The Board has granted the veteran's request for waiver of recovery of an overpayment of Section 306 disability pension benefits, finding that recovery would be against equity and good conscience.

The Board has determined that a 10 percent rating is warranted for the appellant's service-connected residuals of a fracture of the left 4th finger, effective from April 1, 2000.