Other conditions decisions — 2000

The veteran's service-connected recurrent systemic sebaceous cysts are currently rated at 30 percent, but the Board has determined that a higher 50 percent rating is warranted based on the extensive involvement and periodic ulceration of the skin growths.

The Board denied increased evaluations for the veteran's service-connected left hand, right radius fracture, and scar of the right leg disabilities.

The veteran withdrew his appeal regarding the increased disability rating for post traumatic stress disorder.

The Board has determined that new and material evidence has been submitted to reopen the claim for recognition as a 'child' on the basis of permanent incapacity for self-support before attaining the age of 18. The appellant's son is now eligible for benefits based on his father's disability.

The Board denied the veteran's request for a waiver of recovery of an overpayment of educational assistance benefits, finding that it was not timely filed.

The Board found that the veteran's degenerative joint disease, including left hip replacement, pre-existed service and was not aggravated by service. The claim for service connection is denied.

The Board denied the appellant's claim for additional vocational rehabilitation training due to her failure to cooperate with VA in developing her case, including failing to attend scheduled psychological and medical examinations.

The veteran's service-connected right inguinal hernia repair is rated at a 10 percent disability rating, the maximum schedular rating available.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for Meckel's diverticulum, which was previously denied in March 1952. As a result, the appeal is denied.

The Board has remanded the case for further development, including obtaining additional service medical records and personnel records from Camp Lejeune. The claim will be reconsidered on both a direct and presumptive basis.

The Board has determined that the veteran's residuals of compression fractures of the thoracic spine with kyphosis and osteophytes warrant a rating of 30 percent, reflecting both moderate limitation of motion and significant muscle spasms.

The Board denied the veteran's claim for service connection for rectal cancer due to ionizing radiation, finding that there was no reasonable possibility that his disease resulted from such exposure.

The veteran's claim for an increased evaluation of his service-connected back strain is being remanded due to the need for additional development, including a VA orthopedic examination and consideration of secondary service connection.

The Board has denied the veteran's claim for an increased rating for his service-connected urethritis, finding that the evidence does not warrant a higher rating based on voiding dysfunction or urinary frequency.

The Board has determined that the veteran's service-connected residuals of a nasal fracture warrant a 10% disability rating, effective March 6, 1995.

The Board found no medical evidence linking the veteran's atypical junctional melanocytic hyperplasia, lentigo maligna of the nose to his military service or exposure to herbicides. The claim is denied.

The Board has granted an effective date of May 1, 1988 for the award of additional compensation for the veteran's spouse. This decision is based on the submission of a certified copy of the veteran's marriage certificate and information concerning his previous marriages.

The Board dismissed the appeal because the appellant did not file a timely substantive appeal from the October 1997 rating decision denying his application to reopen a claim of service connection for arthritis of multiple joints.

The Board denied the appellant's claim for retroactive Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for periods of enrollment prior to November 17, 1996. The decision was based on the regulatory criteria and legal precedent governing eligibility for Chapter 35 education benefits.

The Board has granted a higher rating of 40 percent for DVT of the left leg, effective from January 12, 1998. The veteran's claim for esophagitis is also granted with a 40 percent rating.