Other conditions decisions — 2000

The Board has determined that the veteran's cause of death, bronchogenic carcinoma and small cell undifferentiated carcinoma, was due to nicotine dependence acquired during his military service. The case is granted.

The Board of Veterans' Appeals has determined that the veteran's arthritis of the hips is service-connected as secondary to his service-connected bilateral flatfoot.

The Board has determined that the appellant's grandchildren cannot be considered adopted children of the veteran for VA benefits purposes due to their birth after the veteran's death and lack of living in his household at the time of his death.

The Board denied the veteran's claim for waiver of recovery of an overpayment of pension benefits in the amount of $17,220.00.

The Board has granted a 20 percent disability rating for left lower extremity weakness, status post cerebrovascular accident with left hemiparesis. The claim for a disability rating greater than 20 percent for left upper extremity weakness is denied.

The veteran's appeal is remanded to the RO for scheduling a 'Travel Board' hearing. The issues of service connection for presbyopia and diarrhea are pending.

The veteran's claim for a rating in excess of 50 percent for RSD of the right forearm and hand was denied. The claim for service connection for RSD of the left upper extremity and bilateral lower extremities, which is presumed to be related to active service due to its presence during service, was also denied.

The Board has determined that the veteran's death was caused by his acute myelogenous leukemia, which is service-connected based on direct evidence.

The veteran's claims for increased disability evaluations for bladder dysfunction and bowel dysfunction, as well as his claim for special monthly compensation on account of loss of use of the upper extremities, were denied by the RO. The veteran is still seeking benefits for these conditions.

The Board denied the veteran's claims for service connection for a prostate condition secondary to his service-connected right orchiectomy/epididymoorchitis and for residuals of status post bunionectomy of both feet, as well as an increased rating for his postoperative right orchiectomy/epididymoorchitis. The decision also noted that the veteran's claim for service connection was not about exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War, or any other specific environment.

The Board found that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for a nervous condition, thus denying the reopening of the claim.

The Board has determined that the veteran's chronic acquired gastrointestinal disorders are proximately due to or the result of medication taken for his service-connected low back disability.

The Board found that the veteran does not currently suffer from any residuals of pneumonia in service and there is no evidence linking his current respiratory disability to his active military service.

The Board reopened the claim of service connection for scleroderma and remanded it to the RO for further development. The RO issued a supplemental statement of the case (SSOC) denying the claim based on failure to submit new and material evidence, which is now vacated.

The Board found no evidence of current otitis media and/or externa disability, and the veteran's reported symptoms were attributed to allergies. The claim for service connection was denied.

The veteran's claim for an increased rating for his service-connected bilateral uveitis with cataracts was granted, and he is now rated at 80 percent effective January 16, 2000.

The Board found that the veteran's left tibia and fibula disability does not meet or approximate the criteria for a rating in excess of 30 percent, as there is no evidence of nonunion involving the tibia, loose motion requiring a brace, or significant knee or ankle disability.

The veteran's claim for a permanent and total disability rating for pension purposes, including on an extra-schedular basis pursuant to 38 C.F.R. § 3.321(b)(2), was denied due to his failure to appear for scheduled VA examinations.

The Board found that the $21,600.00 life insurance payment is countable income for VA pension purposes and denied the appellant's claim to exclude it.

The Board denied the reduction in the payment of the veteran's VA disability compensation by reason of incarceration for conviction of a felony.