Other conditions decisions — 2000

The Board has reopened the veteran's claim for service connection due to new and material evidence, including medical opinions linking his current gastro-intestinal condition to his period of active service. The claim is well-grounded as there is a link between the veteran's military accident in service and his current digestive problems.

The Board denied the veteran's claims for service connection for arthritis of the right lower extremity as secondary to his service-connected postoperative residuals, hematoma of the right ankle and an increased evaluation for the service-connected right ankle disability.

The Board has granted service connection for bilateral defective hearing, finding that the evidence supports a direct link to military service.

The Board denied an effective date prior to October 1, 1995 for the award of payment of DIC based on service connection for the cause of the veteran's death.

The Board found that the veteran's current right knee disability is not related to his service, and thus denied his claim for service connection.

The Board finds that an effective date of January 27, 1998 is warranted for the appellant's minor child to receive apportionment benefits. The decision was granted.

The Board granted service connection for the cause of the veteran's death due to exposure to herbicide agents in Vietnam, specifically Agent Orange. The effective date was set based on the facts found and not earlier than the effective date of the liberalizing law.

The Board found no evidence that VA treatment caused the veteran's additional disability, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted an increased rating of 30 percent for the veteran's service-connected right leg disorder, effective from July 28, 1989. The claim for service connection for angioedema secondary to exposure to herbicide agents remains pending.

The Board found that the appellant's residuals of a left leg wound with injury to muscle group XI do not warrant an evaluation in excess of 20 percent, as his disability does not meet the criteria for higher ratings based on the severity and nature of the wounds sustained during service.

The Board has granted an increased rating of 30 percent for the veteran's residuals of a neck injury, effective from April 10, 1996. The issue of entitlement to an increased rating prior to that date remains pending.

The Board of Veterans' Appeals has remanded the case to the RO for additional development regarding whether there was authorized travel time during the veteran's Merchant Marine service, which could affect his basic eligibility for nonservice-connected pension benefits.

The Board denied the appellant's claim for recognition as the helpless child of the veteran, finding that she did not meet the legal requirements to establish her relationship.

The veteran's improved disability pension was properly reduced by the amount of his Social Security benefits, and he is entitled to a monthly pension rate of $114 effective December 1, 1996.

The veteran's bilateral varicose veins were rated at 30 percent prior to January 12, 2000. Effective January 12, 2000, the rating was increased to 40 percent for both legs combined.

The Board denied the veteran's claims for an increased evaluation for his pulmonary emphysema and a total rating based on individual unemployability due to service-connected disabilities. The combined disability rating was found to be only 30 percent, which is below the threshold required for a TDIU.

The Board has granted service connection for reactive airway disease and esophago-gastric reflux, finding that the evidence is in equipoise regarding whether these conditions existed prior to service.

The Board denied the veteran's claims for increased ratings for hallux valgus of both feet, finding that the current evaluations were appropriate given the maximum schedular ratings and the presence of tender scars.

The Board has denied the veteran's claims for service connection for left leg varicose veins and phlebitis as secondary to his service-connected gunshot wound of the left thigh, finding that there is no relationship between these conditions and the service-connected injury.

The Board has determined that the appellant's claim for service connection for the cause of her husband's death is not well-grounded, as there is no evidence to support a finding that any service-connected disability caused or contributed substantially or materially to his demise.