Other conditions decisions — 2000

The veteran's appeal has been withdrawn before the Board could make a decision. As a result, the case is dismissed without prejudice.

The appellant's claim for a permanent and total disability rating for pension purposes is denied as he did not serve during a statutory 'period of war' for VA benefits purposes.

The Board of Veterans' Appeals has determined that [redacted] was the lawful spouse of the veteran and therefore entitled to recognition as his surviving spouse for purposes of VA death benefits. As a result, the appellant is not recognized as the surviving spouse of the veteran for VA purposes.

The veteran's claims for service connection for head sores and hair loss were denied in April 1996, but the Board found that he did not timely file a substantive appeal. As such, these issues are dismissed.

The VA denied an increased evaluation for the veteran's service-connected scar of the posterior right flank, finding that it is tender and painful on objective demonstration but without evidence of muscle, nerve or artery damage.

The veteran's claim of service connection for arthritis of multiple joints is well-grounded and the Board has decided in favor of granting this claim.

The veteran withdrew his appeal regarding the issue of service connection for bilateral defective hearing in February 1999, and the case is now dismissed without prejudice.

The Board denied the veteran's claim for a compensable rating for post-operative residuals of bilateral inguinal hernias and her claim for service connection for mitral valve prolapse with chest pain, finding that she did not file a timely appeal on either issue.

The Board denied the veteran's claim for service connection for enucleation of the right eye, finding that new and material evidence had not been submitted. The evidence considered included the veteran's personal statements and annotations on previously submitted documents.

The Board denied the veteran's claims for an increased rating and service connection, finding that his right middle finger fracture residuals did not warrant a compensable rating. The issues of service connection for impairment of the right hand other than the chip fracture were also denied.

The Board found that the veteran's death was not caused by his military service, but rather by a combination of factors including Hodgkin's disease and pneumonia. The claim for radiation exposure as an X-ray technician is plausible.

The Board has denied the veteran's claims for service connection for a bilateral eye disability and for an increased rating for residuals of a fracture of the right fifth metacarpal.

The Board has granted service connection for post-traumatic osteoarthritis of the knees, and as a result, further development is needed to address the veteran's claims for special monthly compensation based on loss of use of both lower extremities and an earlier effective date for TDIU.

The Board denied the veteran's claims for service connection for a throat disorder and hair loss, finding that the evidence did not support these claims.

The VA determined that the appellant's service-connected limited motion of the temporomandibular articulation, status post surgery, warrants a rating of 30 percent, which is the maximum available under Diagnostic Code 9905. The appeal for an increased rating has been denied.

The Board found that the veteran's skin rash, fatigue, arthralgias, and indigestion are not due to undiagnosed illnesses. The claims for service connection were denied.

The VA awarded the appellant Dependency and Indemnity compensation benefits for the cause of the veteran's death on April 19, 1996. The effective date was set as that day.

The veteran's child is seeking retroactive payments of Dependents' Educational Assistance for courses completed from August 1987 to July 1995. However, the claim lacks legal merit and entitlement under the law as it was not filed before October 15, 1993, which is when the Giusti-Bravo settlement agreement became effective.

The veteran's claim for an increased rating of his service-connected residuals of a shell fragment wound with enucleation of the right eye was denied as there is no evidence reflecting that the vision in the left eye is worse than 20/40. The criteria for a disability rating higher than 40 percent are not met.

The Board has granted a 10% rating for the veteran's chronic urticaria, finding that it meets the criteria for this evaluation based on its productive itching and involvement of exposed surfaces such as the neck, forearm, and legs.