Other conditions decisions — 2000

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding no competent medical evidence linking his current condition to the July 1996 VA surgery.

The Board has denied the veteran's claims for an increased rating for jungle rot of both legs and a TDIU due to service-connected disabilities. The veteran is already receiving compensation for his skin disability, so there is no legal merit to reopening the claim for rash or sore on both legs as being due to exposure to herbicides. The RO has been instructed to schedule a VA examination to determine the current severity of the veteran's jungle rot and to consider the issue of Special Monthly Compensation (SMC) for aid and attendance or at the housebound rate.

The Board found no evidence linking the cause of the veteran's death to his service-connected conditions or any in-service exposure, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's claim for service connection for loss of maxilla, loss of teeth and bone loss due to periodontal disease is granted. The claim for service connection for a disability productive of dental caries based on aggravation will be addressed in the remand section.

The veteran's claims for higher initial evaluations of her service-connected disabilities were denied. The RO found no evidence linking the current gastrointestinal disability to active service and did not find a nexus between the current gastroenteritis and previous gastroenteritis with dehydration and dyspepsia. For the other issues, the RO determined that the criteria for higher ratings were not met.

The appellant is not entitled to Dependents' Educational Assistance under Chapter 35, Title 38, United States Code beyond February 2, 1992.

The appellant is entitled to recognition as the veteran's surviving spouse for the purpose of reinstating Department of Veterans Affairs death pension benefits.

The Board denied service connection for organic brain syndrome, but granted initial ratings of 10% for headaches and adjustment disorder.

The Board found no competent medical evidence linking the veteran's lipomas to exposure to ionizing radiation, toxic chemicals, or asbestos during service. Therefore, the claim for service connection was denied.

The Board denied the veteran's claims for service connection for a gastrointestinal disorder and bilateral varicose veins, finding that there was no well-grounded evidence to support these claims.

The Board has granted a 50% rating for the service-connected compound comminuted fracture of the left mandible, effective from September 26, 1991. The claim for bilateral eye disability was not well-grounded.

The Board has determined that further development is needed to evaluate the veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, including obtaining medical records and conducting examinations.

The veteran's claim for service connection for a stomach disorder, to include peptic ulcer disease is denied as the evidence does not establish a link between the current disability and service.

The Board denied an increased evaluation for the veteran's service-connected residuals of orchitis of the left testicle, but granted SMC effective October 19, 1993, based on loss of use of a creative organ. The decision did not address whether there was complete atrophy of both testicles.

The veteran has withdrawn his appeal regarding an increased rating for postoperative residuals of a fracture of the right radial head.

The Board denied the veteran's claim for an increased rating for his left thumb disorder due to his failure to appear for a scheduled VA examination without good cause shown.

The Board denied the veteran's claim for service connection for carcinoma of the colon and rectum, finding no evidence linking his condition to his military service or any incident therein.

The veteran died of a nonservice-connected cause while not in receipt of VA benefits. The claim for burial and interment allowance is denied as the veteran did not meet the criteria for such benefits.

The veteran's countable annual income is in excess of the maximum amount allowable for payment of pension benefits, and therefore his claim for improved disability pension has been denied.

The Board granted service connection for a mood disorder secondary to head injury and assigned a 10 percent schedular rating, effective from October 24, 1988. The veteran's claim for an earlier effective date was denied, as the claim was received within one year of his separation from active duty. The initial evaluation for the service-connected mood disorder is 10 percent.