Other conditions decisions — 2000

The Board has determined that the veteran's death was caused by cancer of the lung with metastasis, which is a direct result of his service. Meningitis contributed to his death but was not the underlying cause.

The Board denied the appellant's claim for service connection for arthritis of the second and third fingers of the right hand, finding that there was no evidence linking his current disability to an in-service injury.

The Board has granted a disability rating of 40 percent for the veteran's service-connected intervertebral disc syndrome with minimal degenerative changes and lower extremity neurological abnormality, effective as of March 22, 1989.

The Board denied an increased evaluation for the veteran's right ear infection and cholesteatoma, finding that separate compensable evaluations were not warranted.

The Board denied the claim for service connection for esophageal cancer, finding that it was not incurred or aggravated by service and did not result from exposure to radiation. The cause of death was attributed to sepsis due to complications including chronic obstructive pulmonary disease.

The Board has reopened the veteran's claims for service connection for photophobia, photosensitivity, and spondylolisthesis (which led to a laminectomy). However, there is no evidence of in-service exposure or chronicity of these conditions. The claims are therefore not well grounded.

The Board denied the veteran's claim for service connection for a cataract of the right eye due to exposure to ionizing radiation, finding that there was no causal link between his claimed condition and his military service.

The veteran's claims for nicotine addiction, lung disability, and hypertensive vascular disease are all denied as they are not well grounded. The evidence does not support the presence of these conditions in service or their connection to service.

The Board found that the claim of service connection for the cause of the veteran's death is not well grounded due to lack of evidence supporting the exposure to radiation or other substances in service. The claim for survivors' and dependents' educational assistance was also denied as there were no new medical opinions provided.

The Board has determined that the veteran's claims for service connection for residuals of a brain tumor and stroke are not well grounded, as there is no evidence linking these conditions to his military service. The claims for reopening service connection for skin disorder, seizure disorder, and psychiatric disability (other than post-traumatic stress disorder) have also been denied due to lack of new and material evidence.

The Board denied a higher rating for the veteran's service-connected Crohn's disease, finding that the current 30 percent disability rating adequately reflects the severity of his symptoms.

The Board has determined that the appellant's request for a waiver of overpayment was not timely filed, and thus remanded to allow for further development.

The veteran's claim for an effective date prior to May 31, 1996, for service connection of urinary bladder papillary carcinoma was denied. The decision states that the original claim was filed on May 31, 1996, and there is no evidence of a prior informal claim.

The Board found that the veteran's claim for service connection for gouty arthritis was not well grounded due to a lack of medical evidence linking the condition to his military service. The claim for pension purposes related to gouty arthritis is denied as there are no additional disabilities identified.

The Board denied reopening the claim due to lack of new and material evidence, concluding that P.T. did not qualify as a helpless child based on his mental disability.

The Board has determined that the veteran's claim for service connection for panic disorder is not well grounded, and thus denied.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for periods of enrollment prior to October 1, 1996. The decision was based on the regulatory criteria and legal precedent governing eligibility for Chapter 35 education benefits.

The Board denied the veteran's claims for service connection for the cause of his death and entitlement to dependents' educational assistance. The cause of death was listed as sepsis due to pneumonia, which the Board found not related to any service-connected disabilities.

The veteran's claim for an increased rating and a total rating based on individual unemployability due to service-connected disabilities was denied. The veteran has a 40 percent disability rating for his bulging disc, L5-S1 with no herniation.

The Board denied the veteran's claims of service connection for a skin disorder, claimed as a rash on hands and for initial evaluations in excess of 10 percent for calluses of the feet, residuals of frostbite of both hands, and hemorrhoids. The appeal was not about service connection at all.