Other conditions decisions — 2000

The veteran's service-connected organic personality syndrome with explosive personality and unstable mood is rated at 50 percent, the highest schedular rating available.

The Board denied the veteran's claim for service connection for a stomach disorder, finding that his lactose intolerance and chronic pancreatitis are not related to his service or service-connected dysthymia.

The Board has determined that the veteran's reactive obstructive airway disease was incurred in or aggravated by active service, and thus grants service connection for this condition.

The Board has denied the veteran's claims of service connection for acquired shin splints, thalassemia, and an eye disability as they are not well grounded.

The veteran's claims for increased ratings have been granted, with the highest evaluations assigned for his service-connected disabilities.

The VA determined that the veteran's left knee disability, which is service-connected and rated at 10 percent, does not warrant an increase in evaluation.

The Board has determined that the veteran's basal cell carcinoma is a radiogenic disease and there is reasonable probability that his exposure to ionizing radiation in service was sufficient to cause this condition.

The Board determined that the veteran's service-connected fibromyositis of the left trapezius muscle does not meet the criteria for an extraschedular evaluation due to lack of interference with employment or frequent periods of hospitalization.

The Board denied the appellant's request for a waiver of recovery of an overpayment of improved death pension benefits because it was not submitted within 180 days from the date of the notice of indebtedness.

The VA determined that the appellant's thoracic spine disability, which includes a T6 spinal fusion and prior T3-8 posterior spinal fusion, warrants a 10 percent evaluation based on the current schedular criteria. The appeal is granted as the assigned rating adequately reflects the level of impairment.

The Board found that the appellant's request for a waiver of recovery of an overpayment of death pension benefits was timely filed, and granted her appeal.

The Board has determined that the veteran's service-connected right wrist disorder, which is manifested by pain and limited motion, warrants a 20 percent disability rating under Diagnostic Code 5212. The veteran's carpal tunnel syndrome secondary to arthritis in his right wrist is separately rated.

The Board denied the veteran's claim for service connection for traumatic amputation of his right little finger as secondary to his service-connected amputations of the middle and ring fingers, finding no new and material evidence had been presented.

The veteran's claim is being remanded to the RO for a determination on whether the overpayment of VA temporary total disability compensation benefits was properly created or if it resulted from sole administrative error by the VA. The veteran must be notified of the findings and provided with a full explanation.

The Board granted a 30 percent rating for the veteran's service-connected residuals of bilateral periductal mastitis, effective from March 18, 2000.

The Board denied all issues except for the rating for the veteran's back disability. The claim of service connection for prostatitis, hiatal hernia, and peptic ulcer disease was not well grounded. The claims for evaluations in excess of 20 percent for right ankle injury with reflex sympathetic dystrophy and a compensable evaluation for fracture of left fifth metatarsal with pes planus were denied. The claim for total disability rating based upon individual unemployability due to service-connected disability was granted.

The Board has found new and material evidence to reopen the claim of service connection for a stomach disorder. The appellant's long-term suffering from ulcer-type complaints since service is presumed credible, and VA must now consider all evidence in deciding the merits of the claim.

The veteran's appeal for a higher rating for his service-connected intervertebral disc syndrome is denied, but he is granted a total disability rating based on individual unemployability due to his service-connected low back disability.

The veteran's death was caused by squamous cell carcinoma of the lung, which is presumed to be due to Agent Orange exposure. The appellant's claim for DIC is granted and effective from May 11, 1993.

The claimant's appeal was denied because he did not provide adequate proof of service, and the Army had no evidence that he had qualifying service.