Other conditions decisions — 2000

The Board finds that the veteran's chronic squamous cell carcinoma of the head and neck, which caused his death, was substantially or combined with another disorder to cause death. The appellant presented evidence showing that the veteran used tobacco products during service, developed nicotine dependence, and continued using tobacco post-service, contributing to his cancer.

The veteran's claim for a temporary total rating based on the need for convalescence following replacement of a nonfunctioning penile prosthesis performed on November 7, 1997, was denied because the surgery did not result from a service-connected disability.,The veteran's claim for a temporary total rating based on the need for convalescence following exploration of the right groin with transection of the ilioinguinal nerve performed on January 16, 1996, was denied because the outpatient release records did not establish severe postoperative residuals or require house confinement.

The Board denied service connection for colo-rectal cancer and posterior subcapsular cataracts, finding that the veteran's claims were not well grounded due to lack of evidence linking these conditions to his inservice exposure to ionizing radiation.

The Board has determined that new evidence received subsequent to a previous denial supports reopening the claim for service connection for ADHD, but has not found any evidence linking the condition to military service. The claim remains denied.

The veteran's claim for an increased rating for his service-connected postoperative residuals of a herniated nucleus pulposus with fusion of the spine is granted, and he is now rated at 60 percent.

The Board denied the veteran's claim for an increased rating of his service-connected duodenal ulcer with hiatus hernia, finding that the disability picture did not meet the criteria for a higher evaluation under DC 7305 or DC 7346.

The VA determined that the veteran's income exceeded the maximum limit for receiving Improved Disability Pension benefits, thus denying his claim.

The Board granted a 10 percent rating for chondromalacia of the left and right patellae, effective from June 28, 1996.

The Board granted a 10 percent evaluation for the veteran's otosclerosis with impaired hearing and post stapedectomy effective from August 28, 2000. The veteran was previously denied compensable evaluations prior to this date.

The veteran's right foot disabilities, including a fracture fragment, exostosis of the first carpal-metacarpal joint, and early degenerative joint disease of the large toe, are considered to be due to an in-service injury.

The veteran's claim for waiver of overpayment of VA improved pension benefits was denied due to bad faith on his part.

The Board has determined that the veteran's claims for service connection for esophageal reflux disease and restricted lung disease are not well grounded. The claim for service connection for injuries sustained from a fall, claimed as secondary to the service-connected bilateral knee disabilities is denied due to lack of new and material evidence. The issue regarding an increased evaluation for total arthroplasty due to degenerative joint disease and synovitis of the left knee has been addressed.

The Board found that the veteran's arthritis of the back did not result from treatment at a VA medical facility and denied his claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's perforated nasal septum does not warrant a rating in excess of 30 percent, as it is manifested by a persistent slight deviated nasal septum and an anterior septal perforation without active crusting or bleeding. The current 30 percent rating remains in effect.

The Board denied the veteran's claims for service connection for bilateral patellofemoral syndrome, tendonitis, and athlete's foot or other fungus infection. The claim for a higher initial rating for chronic medial tibial stress syndrome of the right leg was granted with an initial 10 percent disability rating.

The veteran's claim is being remanded for additional development, including obtaining medical records and scheduling a VA psychiatric examination to determine the severity of his service-connected post traumatic stress disorder.

The veteran's claim for an effective date prior to December 6, 1994 for the grant of service connection for muscular dystrophy is denied.

The Board has reopened the claim for service connection for PSC, claimed as secondary to radiation exposure, and granted it. The evidence submitted since the last denial supports this decision.

The Board denied the veteran's claim for an increased disability rating for his GSW residuals and found that he did not meet the criteria for a permanent and total disability rating for pension purposes.

The appellant's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code is denied due to his eligibility termination date established by DOD.