Other conditions decisions — 2000

The veteran's squamous cell carcinoma of the tongue is not due to service or presumed exposure to Agent Orange, and therefore denied.

The Board has granted service connection for the extraction of teeth numbers 1, 2, and 32 due to trauma during service. Service connection was denied for teeth numbers 29 and 30, and eligibility for outpatient treatment of tooth number 31 is also denied.

The Board found that the appellant had a willful intention to seek an unfair advantage, which precluded consideration of a waiver under the principles of equity and good conscience.

The Board has denied the veteran's claim for an increased rating for his service-connected gastritis with hepatocellular dysfunction due to infectious hepatitis, as there is no evidence of more than minimal liver damage or disabling gastrointestinal disturbances.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for spondylolisthesis, which was previously denied in October 1991. The reopened claim is well-grounded.

The veteran's request for a personal hearing before the Board has been scheduled, but he requested to be rescheduled for a travel board hearing instead. The case is being remanded due to this scheduling issue.

The veteran's post traumatic stress disorder renders him substantially incapable of obtaining or retaining gainful employment, warranting a 100 percent initial rating.

The Board has determined that the veteran's service-connected status post excision of vocal cord lesion and residuals of fractured second and third metatarsals do not warrant a compensable rating under current VA regulations.

The Board denied service connection for the cause of the veteran's death in May 1983. The appellant submitted new evidence to reopen her claim, and the RO granted service connection for the cause of the veteran's death with an effective date of October 1, 1989.

The Board found that the veteran did not present sufficient evidence to establish a well-grounded claim for service connection for fatigue, joint pain, chest pain, and loose stools due to undiagnosed illness. The claims were denied.

The Board has granted an effective date of July 26, 1993 for the assignment of a 100 percent disability evaluation for bilateral leg disabilities and special monthly compensation based on loss of use of both legs.

The appellant requested a hearing at the local VA Office to present her case regarding DIC benefits. The RO should schedule this hearing as per the Board's remand directive.

The Board of Veterans' Appeals has determined that the appellant is the spouse of the veteran for VA compensation and pension benefits for accrued purposes, based on secondary evidence supporting a valid marriage.

The veteran's left leg venous insufficiency disability, which has been rated at 60 percent since January 1998 and now warrants a 100 percent rating due to severe constant pain and board-like swelling in the leg, is currently of such severity as to preclude him from securing and following any form of substantially gainful employment consistent with his education and work experience. The claim for a total rating based on individual unemployability has also been granted.

The Board found that the claim of entitlement to service connection for the cause of the veteran's death is not well grounded and denied the claim.

The Board denied the claim as there was no new and material evidence to reopen a prior denial of VA benefits due to dishonorable discharge.

The Board denied the veteran's request to reopen his claim for service connection for non-Hodgkin's lymphoma, finding that the new evidence submitted was not material.

The Board found no evidence of bradycardia during service or after, and thus denied the claim for service connection.

The veteran's claims for increased ratings for his service-connected residuals of a shell fragment wound to the left arm were denied as they do not warrant higher ratings given the current severity of his disabilities and the maximum attainable rating.

The Board has determined that the veteran's claim for service connection for a bowel disorder, to include diverticulitis, as secondary to his service-connected subtotal gastric resection is not well grounded.