Other conditions decisions — 2000

The veteran's claim for an increased rating for his service-connected gastrointestinal disorder (residuals of vagotomy with chronic ulcerative colitis, peptic acid disease, and duodenal ulcer) was denied by the RO. The case is now remanded to obtain additional medical records and conduct a special gastrointestinal examination.

The Board has granted a rating of 50 percent for the veteran's dermatophytosis of the feet with onychomycosis and lichenification of the crural folds, finding that the disability picture more nearly approximates the criteria for a 50 percent rating under Diagnostic Code 7806.

The Board denied the veteran's claim for service connection for degenerative joint disease of the knees, finding that it was not incurred or aggravated during service and is not related to her military service.

The Board denied the veteran's claim for service connection for a skin disorder, as a residual of Agent Orange exposure during service, finding that his claim was not well-grounded.

The Board denied the veteran's claims for service connection for abnormal cough with gag reflex and a skin rash, both claimed as manifestations of undiagnosed illnesses. The evidence did not support these claims based on the criteria set forth in the Persian Gulf War Veterans' Benefits Act.

The Board denied the veteran's claim for service connection for a left eye disability, finding that it is congenital and not related to service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for disability of the aorta. The issue is now whether this reopened claim should be granted.

The veteran's claims for increased ratings for his trench foot disabilities and initial rating for shrapnel wound scars of the left leg were granted. He is now rated at 10% for each of his trench foot disabilities, with no compensable rating assigned for the shrapnel wounds.

The Board of Veterans' Appeals denied the veteran's claim for service connection for a right testicle disability due to lack of competent medical evidence showing current diagnosis.

The Board found that there is no medical evidence of a disability of the legs which is a residual of a shell fragment wound. Therefore, the claim for service connection for residuals of shell fragment wounds to the legs was denied.

The veteran's child is denied retroactive Dependents' Educational Assistance benefits for courses completed from August 17, 1987 to May 18, 1996 due to the one-year limitation on retroactive payments and lack of entitlement under the Giusti-Bravo settlement agreement.

The veteran's claim for an increased evaluation of his service-connected thoracic spine disability was granted, with a rating of 40 percent effective May 26, 1998.

The Board denied service connection for the veteran's skin disorder, polymyositis, and amyloidosis on a secondary basis to Agent Orange exposure. The conditions were not established as service-connected.

The Board denied increased evaluations for residuals of gunshot wounds to both the right upper arm and left thigh, finding that compensable disability was not factually ascertainable before February 20, 1991.

The Board has vacated the previous decision denying service connection for the cause of the veteran's death due to a lack of proper development regarding potential radiation exposure. The case is now remanded for further action, including obtaining potentially extant service personnel records and providing an estimate of the veteran's likely level of radiation exposure based on his presence in or near Hiroshima or Nagasaki.

The Board found that the appellant's claim of service connection for the cause of her son's death is not well-grounded and denied it. The veteran did not have a permanent total service-connected disability at the time of his death, nor was he eligible for Dependents' Educational Assistance under Chapter 35 due to lack of qualifying conditions.

The VA determined that the veteran's service-connected reactive airway disease does not warrant a rating in excess of 10 percent, as his pulmonary function tests showed FEV-1 at 87% and FEV-1/FVC at 114%, which do not meet the criteria for a higher rating.

The Board has determined that the veteran's claim for compensation under 38 U.S.C.A. § 1151 is not well-grounded because there is no competent medical evidence linking his cranial neuropathies to any aspect of VA treatment, including medication prescriptions.

The appellant's claim for VA nonservice-connected disability pension benefits is denied as he did not have active service during a period of war, and thus does not meet the legal requirements.

The Board has reopened the claim of service connection for the cause of death due to tobacco use during service, but it is not well grounded as there is no medical evidence showing that tobacco use caused or contributed significantly to the veteran's death.