Other conditions decisions — 2000

The veteran's service-connected CVA contributed to his death from AIDS. The Board found that the veteran was materially less capable of resisting the effects of AIDS due to his service-connected CVA.

The Board found that the veteran's disc disease at C6-7 with mild scoliosis of the thoracic spine does not warrant an evaluation in excess of 20 percent.

The Board denied service connection for ampullary adenocarcinoma of the pancreas as there was no medical evidence linking it to service, including exposure to Agent Orange.

The Board denied the appellant's claim for improved death pension benefits due to her income exceeding the statutory maximum annual income limits.

The Board found that the veteran's acute myelogenous leukemia was first manifested in service and is presumed to have been incurred due to his exposure to ionizing radiation during Operation Teapot. The Board granted service connection for the cause of death.

The Board denied the veteran's claims of entitlement to service connection for congestive heart failure as secondary to his service-connected essential hypertension with headaches and an increased evaluation for his service-connected essential hypertension. The claim was found not well-grounded.

The Board has determined that the veteran's claims for service connection for residuals of a head injury and stomach disorder (claimed as an ulcerated stomach and gastritis) are not well grounded. The evidence does not establish a link between these conditions and his military service.

The Board denied the veteran's claim for service connection for bilateral pes cavus, finding that there was no evidence of a disease or injury incurred in service and concluding that the veteran's pes cavus is a congenital condition.

The Board denied the veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, finding that they do not prevent him from securing or following a substantially gainful occupation.

The Board of Veterans' Appeals has denied the veteran's claim for a permanent and total rating for pension purposes due to lack of evidence regarding all claimed conditions, including back injury, head injury, and left arm problems. The appeal is pending further action by the RO.

The Board found that the veteran's current left hip arthritis is not causally related to any injury or disease incurred in service, including his left femur exostectomy. The residuals of the left femur exostectomy are currently rated as noncompensable.

The Board is remanding the case to re-adjudicate the claim of reopening a claim for service connection for the cause of the veteran's death, using the standard in 38 C.F.R. § 3.156(a) as the sole test for determining whether new and material evidence has been submitted.

The Board has granted the veteran's claim of service connection for spinal stenosis, finding that his service-connected residuals of a GSW of the right thigh and buttock indirectly caused or aggravated his spinal stenosis.

The Board has remanded the case for additional development, including obtaining a complete copy of the July 1997 VA 'MUSCLES' examination and arranging for VA orthopedic and neurological examinations to determine the current nature and extent of the service-connected residuals of the gunshot wound to the left upper arm.

The Board of Veterans' Appeals (Board) denied an increased rating for a service-connected left varicocele, finding that the veteran's condition is currently asymptomatic and thus not warranting a compensable evaluation.

The Board found that the veteran did not submit sufficient evidence to establish a well-grounded claim for service connection, and thus denied his claim.

The veteran's request for a waiver of his original indebtedness totaling $18,929.76, plus accrued interest was denied by the Committee on Waivers and Compromises due to lack of evidence of bad faith.

The veteran's appeal is about an increased rating for his service-connected systemic lupus erythematosus, previously rated as idiopathic thrombocytopenia purpura. The RO has also granted service connection for systemic lupus erythematosus and assigned a 10 percent rating effective November 15, 1996.

The Board found no clear and unmistakable error in the August 1966 rating decision that denied service connection for residuals of an old dislocation of the right leg, as the evidence did not show a chronic worsening or increase in disability during active service.

The Board has determined that the veteran's chest wall deformity does not meet the criteria for a compensable evaluation since the expiration of the temporary total rating. The issue of residuals of right inguinal hernia repair is also denied.