Other conditions decisions — 2000

The veteran's right foot amputation was due to his pre-existing severe cardiovascular disease, specifically peripheral vascular disease and gangrene. The VA treatment did not cause the condition.

The Board has granted an initial evaluation of 20 percent for the service-connected left L4-5 herniated nucleus pulposus (HNP) with degenerative changes at L4-5 and L5-S1, effective from October 1, 1994.

The veteran's service-connected compression fracture of T-3, T-4 and T-7 with degenerative arthritic changes is rated at the maximum schedular rating. His service-connected left eye post-traumatic injury (aphakia) does not meet the criteria for a higher initial rating.

The VA determined that the veteran's bilateral pes cavus does not meet the criteria for a higher rating than 10 percent.

The Board has decided that the case should be returned to the RO for further development and consideration, including obtaining additional medical records and clarifying the nature of the veteran's PTSD.

The VA denied an increased evaluation for the veteran's gunshot wound of the left hand, currently rated at 30 percent.

The Board has denied service connection for cholelithiasis (gall stones) with intra-abdominal abscess, claimed as Crohn's disease. The RO granted service connection for right knee disability and assigned a 20% rating.

The veteran's schizoaffective disorder is manifested by daily panic attacks, anxiety, auditory hallucinations, and depression. The Board has determined that the current symptoms meet the criteria for a 70 percent rating under the schedular criteria.

The appellant is not shown to have had active military, naval or air service and therefore is ineligible for nonservice-connected disability pension benefits.

The Board denied the veteran's claims for an increased rating and TDIU based on his service-connected gunshot wound to the neck, finding that the disability did not warrant a higher evaluation than the current 30 percent. The veteran was found capable of securing or following a substantially gainful occupation.

The Board found that none of the service-connected disabilities caused or contributed significantly to the veteran's death. The cause of death was sepsis and bowel ischemia due to atherosclerotic peripheral vascular disease. Therefore, service connection for the cause of death is denied.

The Board has granted service connection for forgetfulness, memory loss, and attention deficit as due to an undiagnosed illness. The sleep disorder is not service connected.

The Board denied the appellant's request for waiver of overpayment of death pension benefits due to a failure to file within 180 days after notification, as required by VA regulations.

The Board denied the veteran's claim for service connection for right tentorial meningioma as a result of exposure to ionizing radiation, finding that it is less likely than not that the condition resulted from such exposure.

The Board has reopened the veteran's claim for service connection for Charcot-Marie-Tooth disease and finds that new and material evidence has been presented. However, it is determined that neither Charcot-Marie-Tooth disease nor any other hereditary neurologic disease was incurred in or aggravated by wartime service.

The Board has determined that the veteran's angiolipomas (Dercum's disease) are due to exposure to an herbicide agent, specifically Agent Orange, during service. As such, the appeal is granted.

The Board found that the veteran's fatal leukemia was not caused by exposure to Agent Orange during service and denied the claim for service connection for the cause of death.

The veteran's combined evaluation for residuals of a left foot injury is granted at 20 percent, with the separate evaluations for reflex sympathetic dystrophy and left foot injury rated as 10 percent each. The decision on reflex sympathetic dystrophy remains denied.

The Board denied service connection for a schizoid personality disorder as it is not considered a disease or injury under VA law.

The veteran's initial 10 percent rating for thoracic spine strain is upheld.