Other conditions decisions — 2000

The Board denied the veteran's claim for service connection for disability manifested by dizziness, lightheadedness and fatigue, finding no evidence of a current disability or link to service.

The Board has determined that the veteran's duodenal ulcer condition does not meet or approximate the criteria for a higher rating than the current 10 percent assigned.

The Board has determined that the veteran is not entitled to evaluations in excess of 10 percent for arthritis in each of his knees, but he is entitled to an additional 10 percent evaluation for slight instability in his left knee under DC 5257. There has not been a showing of subluxation or lateral instability in his right knee.

The Board has granted the appellant's request to waive an overpayment of $2,938.00 in his VA pension benefits due to mitigating circumstances including the appellant's age, occupation as a minister, and the fact that his wife is in a nursing home.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for toenail fungus as there is no competent medical evidence linking the condition to his period of active duty.

The veteran's claim for an increased rating for his service-connected left anterior cruciate ligament reconstruction is being remanded to allow for a VA examination and further development of the record. The examiner will assess the severity of the veteran's knee disorder, including any arthritis present, and determine if it is at least as likely as not related to his service-connected condition.

The Board has determined that the veteran's death was caused by his tobacco use in service, which substantially and materially contributed to his cause of death. The claim is therefore granted.

The veteran's widow died during the pendency of her claim for death pension, and therefore, the Board has no jurisdiction to adjudicate the merits of this claim.

The veteran's service-connected narcotic addiction with adjustment disorder with depressed and anxious mood is rated at 30 percent, effective as of November 7, 1996.

The case must be remanded to the RO for a comprehensive examination and readjudication of the claim for vocational rehabilitation training under Chapter 31, due to confusion over the appellant's address.

The VA determined that there is no evidence linking the veteran's current abdominal aortic aneurysm to his service, and thus denied his claim for service connection.

The Board has granted service connection for the residuals of ingrown toenails and the residuals of a laceration of the fourth finger, left hand. The claim for chronic epididymitis is denied as there is no current evidence of this condition.

The veteran's service-connected disabilities do not meet the criteria for a total rating based on individual unemployability.

The Board has not issued a final decision regarding the veteran's claims for an increased rating and TDIU. The attorney is ordered to refund any fees paid for services rendered before VA.

The attorney is not eligible to charge a fee for services rendered in connection with the RO&IC's January 2000 grant of a TDIU.

The Board denied the veteran's claim for an evaluation in excess of 30 percent for his service-connected strongyloidiasis, finding that the evidence did not warrant such a rating.

The veteran's appeal is denied as he did not have qualifying wartime service for VA pension benefits.

The veteran's left foot disability, including partial amputation of the first and second toes with a laceration of the third toe, is currently rated at 10 percent. The appeal for an evaluation in excess of 10 percent for PTSD remains pending.

The veteran's service-connected uterine fibroids, status post hysterectomy are currently rated at 30 percent and the claim for an increased evaluation is denied.

The VA has denied the veteran's claim for an increased evaluation of her Crohn's Disease, currently rated as 30 percent disabling.