Other conditions decisions — 2000

The Board has determined that the claim of service connection for a chronic skin disability is not well grounded. The veteran's claim for an initial compensable rating for genital herpes is also considered, but further development is needed as there are no VA treatment records from September 1997 and the veteran failed to report for examinations.

The Board has determined that the veteran's service-connected post-operative residuals of left inguinal hernia do not warrant a rating in excess of 10 percent, and his service-connected residuals of a fracture of the jaw and laceration of the chin do not warrant an evaluation in excess of 10 percent.

The VA denied the veteran's request for an increased evaluation of his chest disability, which is currently rated at 20 percent.

The veteran's claim for an increased rating for his service-connected pelvic injury residuals and TDIU based on all of his service-connected disabilities was denied. The current evaluation of 40 percent for the pelvic injury residuals is upheld.

The VA denied an increased rating for the veteran's service-connected gastritis and duodenal ulcer, currently rated at 20 percent. The evidence did not show symptoms warranting a higher rating.

The Board is remanding the case to determine if new and material evidence has been submitted to reopen a claim of service connection for a right hip disorder, including degenerative arthritis and old Legg-Perthes disease. The appellant argues that his preexisting condition was aggravated by service.

The Board has granted the veteran's claim for an increased initial evaluation of 30 percent for gastrointestinal distress, effective since the date service connection was established. The issue of service connection for fatigue and headaches is not addressed in this decision.

The Board found that the veteran's left thigh disability, which resulted in moderate muscle impairment of the anterior thigh group, warranted a 10 percent evaluation and not an increased rating.

The Board has remanded the case for readjudication due to a recent Court decision that addressed whether new and material evidence had been submitted to reopen the appellant's claim for revocation of VA benefits (except insurance benefits) under 38 U.S.C.A. § 6103.

The veteran's appeal is dismissed due to his death. The claim for service connection and increased evaluation are moot.

The Board has determined that the veteran incurred a chronic stomach disorder during active duty service and grants service connection for this condition.

The Board has remanded the case to the RO for consideration of new evidence and application of the correct definition of 'new and material' evidence. The veteran's claim will be reconsidered, and a supplemental statement of the case will be provided.

The Board has decided to remand the case for additional development due to the revocation of representation and the need for a new hearing.

The Board of Veterans' Appeals has denied the veteran's claim for an evaluation in excess of 10 percent for residuals of shell fragment wounds of the right lower extremity, to include two scars and retained foreign bodies.

The Board has determined that the veteran's claims for service connection for enuresis, staphylococcus infection, cellulitis, and dysthymic disorder (claimed as a nervous breakdown) are not well grounded.

The Board denied the appellant's claim of entitlement to service connection for the cause of death due to lack of resolution regarding her husband's true identity and failure to address the RO's remand instructions.

The veteran's dysthymia has been rated at 50 percent since November 22, 1994. The RO increased the evaluation to 70 percent from September 19, 1995 until February 15, 1996 due to severe impairment in employment and social functioning.

The Board has received notification that the appellant wishes to withdraw their appeal, and thus the case is dismissed without prejudice.

The Board denied the veteran's claim for service connection for a skin condition as due to Agent Orange exposure, finding that there was no evidence linking his current skin condition to service or herbicide exposure.

The Board found that the veteran's left eye blindness was not caused by the November 1992 VA hospitalization, treatment, or examination and thus denied his claim for compensation benefits under 38 U.S.C.A. § 1151.