Other conditions decisions — 2000

The Board found that the veteran does not have current disabilities of the feet, ankles, hips or shoulders and denied his claims for service connection.

The Board has determined that the veteran's service-connected back injury does not currently result in disability and therefore, an increased evaluation is denied.

The Board has determined that the veteran was entitled to a total disability rating based on individual unemployability due to service-connected disabilities as of October 23, 1988.

The Board has determined that the veteran's service-connected chronic tonsillitis does not meet or approximate the criteria for a disability evaluation in excess of 10 percent.

The Board found that the appellant was not at fault in creating his loan guaranty indebtedness and determined that recovery of the debt would not create undue financial hardship. The appeal is granted.

The Board found that the appellant's marriage to the veteran was not valid for VA purposes due to her prior marriage, and thus denied her claim of recognition as a surviving spouse.

The veteran's hiatal hernia with esophagitis, peptic ulcer disease, and cholecystitis is currently rated at 30 percent. The Board found that the symptoms do not warrant a higher rating under the applicable diagnostic codes.

The Board has determined that the veteran's claim of service connection for shell fragment wounds (SFWs) of the feet is not well grounded. The evidence does not support a finding of such injuries in service or any current disability related to those injuries.

The veteran's claim for an increased evaluation for his service-connected fracture of the right fifth finger was denied by the Board. The VA examination revealed some aching pain and occasional stiffness in the finger, but no significant functional loss or deformity.

The VA determined that the appellant's temporomandibular joint functional disorder does not meet the criteria for a compensable evaluation, as he has good masticatory function with no limitation of motion.

The RO denied the appellant's claim for restoration of death pension benefits based on her need for regular aid and attendance or being housebound, as she was no longer in a nursing home.

The Board has granted service connection for panic attacks with agoraphobia as secondary to the veteran's service-connected sinus bradycardia with premature ventricular contractions. The evaluation of the service-connected sinus bradycardia with premature ventricular contractions remains at 10 percent.

The veteran is granted an apportionment of $200 per month for his minor children's compensation benefits, as the evidence shows that he does not reasonably contribute to their support and this amount will not cause him undue hardship.

The Board finds that the veteran's claim of service connection for an acquired respiratory disorder is plausible and capable of substantiation, and thus well grounded. The veteran should be afforded a VA examination to determine the nature and likely etiology of any current respiratory disability.

The Board found that the veteran's claim for service connection for residuals of a burn on his back was not well-grounded and denied it.

The Board denied the veteran's claim for a rating in excess of 40 percent for his nervous stomach, ulcer disorder and also denied reopening his claim for residuals of poliomyelitis, right leg. The evidence did not meet the criteria for a higher rating or new and material evidence to reopen the claim.

The Board has granted increased evaluations for the veteran's service-connected conditions, including disc herniation at L3-4 and right lateral epicondylitis with early radial tunnel syndrome. The effective dates are May 29, 1997.

The Board found no evidence of a current disability related to service, including Agent Orange exposure. The claim was denied as not well grounded.

The veteran's prostate cancer was previously rated at 100% due to hormone therapy. The Board has restored the 100% rating as the current treatment is considered a therapeutic procedure.

The Board has determined that the veteran's C-5 quadriplegia was incurred in service, as it resulted from a surgical procedure performed during his active duty. The decision is based on the opinion of several medical experts who concluded that the surgery caused the quadriplegia.