Other conditions decisions — 2000

The Board denied the veteran's claim for an increased disability rating of 40 percent for his right forearm disability, finding that the current rating adequately reflects the severity of his condition.

The Board has determined that the veteran's claim for service connection for postoperative peptic/duodenal ulcer with peritonitis and gastritis is not well-grounded, thus denying the claim.

The Board found that the reduction in the rating for adenocarcinoma of the prostate from 100% to 60% was proper. The veteran's loss of bowel sphincter control is currently rated at 30%. There is no legal basis for a higher combined service-connected disability evaluation.

The Board denied the claim of service connection for the cause of death due to esophageal carcinoma and pancreatitis, finding it not well grounded.

The Board has determined that the claim for service connection for the cause of death is not well-grounded and denied. The appellant's eligibility for Dependents' Educational Assistance under Chapter 35 is also denied.

The veteran's claim for nonservice-connected pension benefits is denied as he does not meet the basic eligibility requirements.

The Board denied the veteran's claims of service connection for a right eye condition and an increased rating for his left eye condition. The denial was based on lack of new and material evidence for the right eye claim, and insufficient evidence to support a compensable disability rating for the left eye condition.

The Board has granted a 10 percent rating for bilateral calcaneal spurs, finding that the disability more closely approximates moderate foot injury.

The veteran's appeal for a higher evaluation for fungus infection of the feet, hands, trunk and face was dismissed because the veteran died during the pendency of the appeal.

The veteran's representative withdrew a motion seeking the Board to review its March 27, 1969 decision for CUE. The matter is dismissed without prejudice to refiling.

The Board denied the veteran's claims for increased ratings and extensions of a temporary total convalescent rating due to his left knee disorders, finding that the evidence did not support evaluations in excess of 20 percent from July 1, 1995, or an extension beyond June 30, 1995.

The veteran's service-connected right foot disability is rated at 20 percent, the highest available rating under Diagnostic Code 5284 for moderately severe foot disability.

The Board found that the veteran's cause of death, an acute myocardial infarction due to or as a consequence of carcinoma of the left lung, was not related to any incident of service, including exposure to ionizing radiation. The claim for service connection for the cause of the veteran's death secondary to exposure to ionizing radiation is denied.

The Board determined that the veteran's back injury on April 18, 1973 was incurred in the line of duty and not due to his own willful misconduct.

The Board found that the veteran's mesothelioma, which caused his death in March 1991, was not service-connected and did not result from exposure to Agent Orange. The claim is therefore denied.

The evidence does not demonstrate any residual disability attributable to the veteran's in-service head injury, and therefore a compensable evaluation is denied.

The veteran's overpayment of additional compensation for a dependent spouse has been denied as the VA had no notice of his remarriage until October 1991, and thus cannot be awarded prior to that date.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has determined that the veteran's postoperative duodenal ulcer does not meet the criteria for a higher evaluation than the currently assigned 20 percent rating.

The Board has determined that the April 3, 1986 rating decision denying a total disability rating based on individual unemployability due to service-connected disability was clearly and unmistakably erroneous.