Other conditions decisions — 2000

The Board has determined that the veteran's current impotence and incontinence are likely related to his December 1996 radical retropubic prostatectomy, which was performed for treatment of a nonservice-connected prostate cancer. The claim is granted.

The veteran's claim for adjustment of income for pension purposes based on transportation costs for medical treatment during 1995 and 1996 was denied as he did not provide the necessary information by the end of the following (1996 and 1997) calendar years, as required by regulation.

The Board has denied the veteran's request for waiver of recovery of an overpayment of improved pension benefits due to bad faith in reporting family income, resulting in a loss to the government.

The Board found insufficient evidence to support a connection between the veteran's service-connected conditions and his cause of death, resulting in denial of the claim.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because there is no competent medical evidence of record that the stroke suffered post-operatively to the May 1996 coronary artery bypass graft was caused by VA hospitalization, medical treatment, or surgical treatment in May and June 1996.

The Board denied the claim for service connection for degenerative joint disease of the lower extremities as secondary to a service-connected low back disorder, finding that there was no competent evidence establishing a nexus between the diagnosis and the service-connected condition.

The Board has determined that the appellant's discharge from service was under dishonorable conditions, and therefore constitutes a bar to VA benefits except for health care.

The Board has reopened the appellant's claim for service connection for the cause of the veteran's death due to new and material evidence. The independent medical opinion obtained by the Board concluded that the veteran's post-service alcohol and drug addiction were secondary to his service-connected anxiety neurosis, which contributed to his death.

The veteran's squamous cell carcinoma of the laryngeal surface of the epiglottis is currently rated at 30 percent, and his T3 compression fracture with x-ray evidence of compression deformity is rated at 20 percent. The Board has determined that neither condition warrants a higher evaluation.

The Board found that the veteran's cause of death was not incurred in, or aggravated by, his active service. The medical evidence did not show a direct link between his service-connected conditions and his fatal myocardial infarction, cardiac arrest, due to acute ischemia and gangrene of foot.

The veteran's service-connected left thumb disability is rated at a 10 percent evaluation, effective November 6, 1995.

The Board denied the appellant's claim for service connection for a lung disability with abnormal chest x-ray findings, finding no objective medical evidence to substantiate the claim.

The Board denied an earlier effective date for the veteran's award of individual unemployability based on clear and unmistakable error by the Regional Office in 1989, which failed to consider extraschedular entitlement under the provisions of 38 C.F.R. § 4.16(b).

The Board denied service connection for a skin disability, including as due to Agent Orange exposure, finding the claim not well-grounded.

The Board determined that a Workers' Compensation settlement payment should be considered countable income for nonservice connected pension purposes, leading to the reduction of pension benefits. The moving party argues this decision was erroneous and requests its reversal or revision on grounds of clear and unmistakable error.

The Board has determined that the veteran's claims for service connection for residuals of catarrhal fever and lymphangitis are not well-grounded. The evidence does not establish a current disability or link these conditions to service.

The Board found no evidence of a compensable dental disorder and denied the veteran's claim for service connection.

The Board denied the veteran's claim for monetary allowance to his child due to a disability resulting from spina bifida, finding that occipital encephalocele is not considered a form of spina bifida.

The veteran's claim for an increased disability rating for residuals of shell fragment wounds of the left forearm and elbow is granted. The effective date for a grant of a 100 percent disability evaluation for post-traumatic stress disorder (PTSD) remains pending as it relates to the timing of his informal claim.

The Board denied a compensable rating for the veteran's neck injury, finding no objective findings of intervertebral disc syndrome or limitation of cervical spine motion.