Other conditions decisions — 2000

The VA denied the veteran's claim for an increased (compensable) evaluation for malaria, finding no evidence of current residuals or recurrences.

The veteran's appeal is denied as he does not meet the eligibility criteria for educational assistance benefits under Chapter 30, Title 38, United States Code.

The veteran's bilateral foot disability, manifested by calluses, is currently evaluated as 30 percent disabling. The Board found that the current rating adequately reflects the severity of his disability and denied an increased rating.

The Board has determined that the claim for service connection for residuals of a stomach injury, claimed as esophageal motility disorder, esophageal spasms, and duodenitis is well grounded. The veteran's gastrointestinal problems began during service and continued after discharge. A VA examination will be conducted to determine the nature, severity, and etiology of any gastrointestinal disorders in addition to the service-connected hiatal hernia and gastritis.

The veteran's death was caused by an acute stroke due to staph aureus sepsis. The service-connected chronic prostatitis did not cause or contribute substantially or materially to the cause of his death.

The Board has determined that the veteran's left foot disorder, including a calcaneus spur and numbness of the great toe due to nerve damage from surgery for hallux valgus, was incurred in active military service. The claim for cervical radiculopathy is also well grounded.

The veteran's bilateral inguinal hernia disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The veteran's claim for an increased evaluation for his service-connected left 3rd metatarsal fracture residuals was denied as there were no new and material evidence to reopen the claim, and the current disability did not warrant a compensable rating.

The case is being remanded for additional development, including obtaining medical records and conducting a pulmonary examination to determine if the veteran has a current lung disorder that may be related to service.

The veteran's TDIU was granted effective from September 1, 1964. The Board has vacated the August 1989 decision denying TDIU and is now considering an earlier effective date.

The Board denied the appellant's claim for nonservice-connected pension benefits as a surviving spouse on an accrued basis due to insufficient evidence of the termination of her prior marriages.

The veteran's claim for an increased evaluation and service connection was denied. The VA examiners did not find a relationship between the service-connected residuals of a fracture of the left ulna styloid process of the left wrist and epicondylitis of the left elbow and his claimed nervous disorder.

The Board found that the veteran's interstitial lung disease with pulmonary fibrosis was not caused by exposure to ionizing radiation in service.,The Board also found that the veteran's multiple joint arthritis was not caused by exposure to ionizing radiation in service.

The Board found that there is no competent medical evidence relating any current bilateral knee disability to the veteran's period of active service. As a result, the claim for service connection was denied.

The Board found that the appellant did not file a timely Notice of Disagreement with an August 1982 administrative decision denying his eligibility for VA benefits due to his character of discharge. As such, the appeal is denied.

The veteran's overpayment of Chapter 31 education benefits is waived due to the minimal fault on their part and significant fault on VA's part.

The veteran's claim for an increased evaluation for his gunshot wound to the chest was granted, with a current rating of 20 percent. The appeal also included a secondary service connection claim for anxiety and depression due to pain from the injury.

The VA denied an increased rating for the service-connected residuals of a tear of the left Achilles tendon, finding that the disability is currently rated at 10 percent and does not warrant a higher evaluation.

The Board denied the veteran's claims for service connection for a gastrointestinal disorder and residuals of a vasectomy, finding no evidence linking these conditions to service. The claim for an increased rating for scars from bilateral fasciotomy was remanded.

The veteran was granted service connection for residuals of semi-hemilaminectomy with arthritis in November 1968, but did not elect to receive VA disability compensation. The appellant's claim for accrued benefits is denied as the veteran was prohibited from receiving military retired pay and service-connected compensation on a concurrent basis.