Other conditions decisions — 2000

The VA determined that there is no current evidence of bilateral otitis media and thus the claim for service connection was denied.

The VA has granted the appellant nonservice-connected pension benefits based on a cardiovascular disorder. However, they have not determined whether he is in need of regular aid and attendance due to mental or physical incapacity as required for special monthly pension.

The Board has denied the veteran's claims for service connection for psychogenic gastrointestinal reaction manifested by diarrhea and amebic dysentery, as well as his claim for an increased evaluation for hemorrhoids. The Board found that new and material evidence had not been presented to reopen these claims.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the spine and an initial rating for residuals of a compound fracture of the left femur, finding that there is no evidence to support his assertions of in-service injury or continuity of symptomatology.

The veteran's service records show active, honorable service from December 1, 1960 to November 30, 1962. However, no foreign and/or sea service is noted on the veteran's DD Form 214. The Vietnam era in this case would not begin until August 5, 1964, after the veteran's discharge from service. Therefore, the veteran does not meet the basic eligibility requirements for nonservice-connected disability pension purposes.

The Board has determined that the veteran's deviated nasal septum and chronic post-nasal drip are service-connected, with no issues regarding exposure or presumption of service connection.

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's claim for service connection for residuals of a fracture of the right humerus.

The Board has remanded the case for further development, including scheduling a VA orthopedic examination and obtaining medical records. The veteran's claim will be readjudicated based on the new evidence.

The Board denied the appellant's claim for an apportionment of the veteran's VA compensation benefits on behalf of herself and her children due to a lack of legal basis. The marriage between the parties was deemed valid, but there is no evidence that they were living together as husband and wife after their separation in November 1994.,The Board also denied the appellant's claim for an earlier effective date for the apportionment award on behalf of her biological child J, finding that the veteran had left the household prior to the divorce.

The Board denied an increased rating for the service-connected bilateral trenchfoot, finding that a higher rating was not warranted under either the old or new criteria.

The Board has determined that the veteran's claim for service connection for residuals of a right hand injury is well-grounded. The appeal will be remanded to allow for additional development and consideration.

The Board found that the veteran's left hip and right great toe arthritis were not caused by his service-connected right knee disability, and thus denied the claim.

The Board denied the appellant's claim for retroactive DIC allowance, finding that she did not meet the requirements as her son was over 18 at the time of his father's death and no longer eligible for DIC benefits.

The Board denied the veteran's request for waiver of overpayment as it was not timely filed, more than 180 days after the notice of indebtedness.

The Board has determined that the veteran's service-connected left knee and elbow disabilities do not warrant a higher rating, with the exception of the left patella fracture which is currently rated at 10 percent. The veteran's left radial head fracture does not meet the criteria for a compensable evaluation.

The Board has dismissed the case as it lacks jurisdiction to review the April 1998 fee agreement providing for direct payment of a contingency fee by VA to the veteran's attorney.

The Board found that the veteran's current bilateral leg cramps are not related to service and denied his claim for service connection.

The veteran is seeking an increased disability rating for causalgia, post-herniorrhaphy pain syndrome, and post-operative resection of ilioinguinal nerve times two. The Board has ordered a remand to consider additional VA medical records and schedule the veteran for a VA examination.

The Board has granted a 70 percent evaluation for the veteran's organic brain syndrome, effective from August 4, 1998. This is based on the current severity of symptoms that produce severe impairment in social and industrial adaptability.

The veteran has withdrawn his appeal, and the case is dismissed without prejudice.