Other conditions decisions — 2000

The Board of Veterans' Appeals has determined that the veteran's gastrointestinal disorder is not related to service and denied her claim for service connection.

The Board has remanded the case for additional development due to issues related to hernias, jaw fracture, and a claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's current back disability is not related to his military service and denied his claim for service connection.

The veteran's bilateral varicose veins are currently rated at 50 percent disabling. The RO has maintained this rating despite the introduction of new criteria effective January 12, 1998.

The Board found that the veteran's perforated right eardrum did not incur in service and was not aggravated by service. The residuals of this condition are currently present, but they do not meet the criteria for service connection.

The Board has remanded the case to allow for additional development and consideration of the veteran's claim for an increased rating for his service-connected right inguinal herniorrhaphy.

The Board denied an increased rating for essential tremors of the hands, finding that the disability is only mild and does not meet the criteria for a higher rating.

The Board denied the veteran's request for a waiver of overpayment of improved disability pension benefits, calculated at $1,803.00 from June to October 1998 due to financial hardship.

The VA denied the veteran's claim for payment or reimbursement of unauthorized ambulance expenses incurred in connection with treatment at Seven Rivers Community Hospital on December 15, 1998. The Board found that the ambulance services were not provided in a medical emergency of such nature that delay would have been hazardous to life or health.

The Board has remanded the case for further development and readjudication due to inadequate examination findings, unclear findings of early degenerative changes, and potential combination of ratings for both knees.

The appellant's husband is not shown to have had active military, naval or air service, or service as a member of the Philippine Commonwealth Army. The appeal is denied.

The Board has remanded the case due to new evidence received and other pending development, including obtaining service medical records and verifying treatment from non-VA providers.

The Board denied the veteran's claims for an initial disability evaluation in excess of 30 percent for lung disease manifested by pleural plaques and for an effective date prior to December 5, 1995, for service connection. The veteran was assigned a 30 percent rating since December 5, 1995.

The Board denied the veteran's claims for service connection for the cause of his death and DIC under 38 U.S.C.A. § 1318, finding that there was no evidence linking his esophageal cancer to service or any presumptive conditions.

The veteran's claim for an effective date prior to January 13, 1998, for a 10 percent evaluation for bilateral defective hearing is denied.

The Board has determined that the veteran's right foot disorder, specifically hammer toes of the second, third, fourth, and fifth toes, was aggravated during his period of active service. The decision grants service connection for this condition.

The veteran is seeking service connection for basal cell carcinoma of the left brow, which was excised. The claim will be remanded to determine if it can be linked to exposure to ionizing radiation during service.

The veteran's appeal for service connection for a skin disorder secondary to Agent Orange exposure has been dismissed due to the appellant's withdrawal of the appeal.

The Board finds that the veteran's lung disability is secondary to his nicotine dependence, which he developed during service. The additional pulmonary disability resulting from the March 1974 surgery is also considered secondary to his nicotine dependence.

The veteran's permanent and total disability rating was granted retroactively to August 4, 1992. The appellant filed for educational assistance benefits on July 10, 1998, which is after the one-year period prior to her father's effective date of August 4, 1992. Therefore, she is denied a retroactive award.