Other conditions decisions — 2000

The Board of Veterans' Appeals (BVA) has determined that the appellant's brother did not have valid military service for purposes of eligibility for VA benefits, and thus the appellant is ineligible for VA benefits.

The Board denied an increased rating for post-traumatic arthritis of the right hand, currently evaluated at 30 percent.

The veteran's appeal for an increased rating for dermatophytosis was dismissed as no allegation of error in fact or law was set forth by the veteran in a substantive appeal.

The Board denied the veteran's claim for a permanent and total disability rating for pension purposes, concluding that there was no evidence supporting his unemployability. The veteran is now seeking to have this decision revised on grounds of clear and unmistakable error (CUE).

The veteran's claim for service connection for varicose veins of the left leg as secondary to his service-connected right leg varicose veins was denied because there is no competent medical evidence linking the left leg condition to his service-connected right leg condition.

The Board has determined that the veteran's claims for service connection for chest pains and gastrointestinal disability are not well grounded. The claim of entitlement to an evaluation in excess of 20 percent for chondromalacia patella of the right knee is denied, as there is no evidence showing a current disability related to active service. The claim of entitlement to an evaluation in excess of 10 percent for biliary dyskinesia status post cholecystectomy remains pending.

The Board determined that the appellant is not entitled to recognition as the veteran's surviving spouse, effective January 1, 1960, due to living with another person and holding herself out openly to the public as their spouse.

The Board denied the veteran's claim for an earlier effective date of October 22, 1989, for a 30 percent disability rating for vitiligo. The RO established this effective date based on the date of receipt of the reopened claim, but there is no evidence that such a claim was received on that date.

The Board has determined that the veteran's claims for service connection are not well grounded, and thus denied.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound was denied as he does not meet the criteria due to his multiple nonservice-connected disabilities, lack of visual impairment requiring aid and attendance, and inability to require regular personal health care services.

The Board denied the appellant's claim for basic eligibility to VA non-service connected disability pension benefits due to a lack of qualifying 'active service' as per the law.

The Board has determined that the claim for service connection for the cause of the veteran's death is not well grounded and denied. The appellant is also ineligible for Survivors' and Dependents' Educational Assistance.

The veteran's appeal is being remanded for a personal hearing before the Board of Veterans' Appeals.

The Board determined that the veteran's dysthymic disorder warrants a 30 percent evaluation, effective from April 1991.

The Board has determined that the veteran's service-connected disabilities, including shrapnel wounds to the left back and abdomen, do not warrant increased evaluations as their current manifestations are no more than moderate muscle injuries.

The Board denied the veteran's claims for an increased evaluation for his service-connected gunshot wound to the left thigh and denied service connection for bilateral knee disorders and degenerative disc disease of the spine, finding no evidence linking these conditions to his active service.

The Board has determined that the veteran's nicotine dependence had its onset during service and is related to his tobacco use. The evidence also supports a finding of cardiovascular disease being secondary to his nicotine dependence. However, the claim for service connection for cardiac disease was previously denied in October 1985, but new evidence submitted since then suggests it may be reopened.

The Board has granted a 30 percent initial rating for the veteran's recurrent ureteral stone disorder, effective from August 28, 1992. The claim for service connection for a chronic skin disorder secondary to herbicide exposure (Agent Orange) is not well grounded.

The veteran's appeal is for an increased disability evaluation for his service-connected acquired immune deficiency syndrome (AIDS), currently rated at 60 percent. The RO has granted a higher initial rating of 60 percent effective September 1991.

The veteran's request for waiver of recovery of his VA loan guaranty indebtedness was denied as he did not submit a timely request.