Other conditions decisions — 2000

The Board has dismissed the case as it lacks jurisdiction to review the issue of attorney fees in a direct-payment case.

The Board has determined that the veteran's left hip disorder does not warrant a compensable rating under VA disability evaluation criteria.

The Board has denied the veteran's claim for an increased rating for her service-connected chronic vaginitis, finding that the evidence does not support a higher rating.

The veteran's appeal is being remanded due to the need for a personal hearing before a member of the Board.

The Board has determined that the veteran's skin disability, which is productive of minimal skin changes with some excoriation and itching involving a nonextensive area and nonexposed surface, does not meet the criteria for a compensable rating under the applicable VA Schedule for Rating Disabilities.

The Board denied the veteran's claims for a compensable rating for his residuals of a right fibula fracture and for multiple noncompensable service-connected disabilities.

The veteran's overpayment of VA improved pension benefits in the amount of $31,703.00 was denied due to his intentional withholding of information from the VA regarding his receipt of SSA disability benefits.

The Board has determined that the veteran's adenocarcinoma of the rectosigmoid colon with metastases is at least as likely as not a result of his exposure to Agent Orange during active service, and thus grants service connection for this condition.

The veteran's appeal for service connection for adenocarcinoma of the rectosigmoid colon with metastases has been dismissed due to his death.

The Board has granted a 40 percent rating for the service-connected residuals of hemilaminectomy, which was previously rated as 10 percent disabling.

The Board finds that the veteran's claim for service connection for neck cancer is well grounded, meaning plausible, as there is medical evidence of a current disability and presumed service incurrence due to exposure to Agent Orange. The case is remanded for further examination and review.

The Board has determined that the veteran's service-connected gastrointestinal disability, specifically his post-operative subtotal gastrectomy secondary to gastric ulcer, does not warrant an increased evaluation beyond the current 40 percent rating.

The veteran's claim for an increased rating of his service-connected urethritis is being remanded due to the need for a current VA genitourinary examination.

The Board denied both claims: an earlier effective date for pension benefits and service connection for the cause of death. The veteran's brain tumor was not linked to his military service, including any potential exposure to herbicides.

The Board denied an increased rating for the veteran's service-connected bladder neck contracture with postoperative history of prostatitis, finding no functional disturbance of the bladder or urinary tract infection.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied claims for service connection for the cause of the veteran's death, DIC benefits, and educational assistance.

The Board has determined that the veteran's residuals of a gunshot wound to the left thigh warrant a 40 percent rating, which is the maximum schedular rating available for severe muscle injury. The hip disability is rated as 20 percent disabling due to mild degenerative changes.

The Board found that the veteran's claims for service connection were not well grounded, as there was no medical evidence linking his current lung disorder to tobacco use during active service or nicotine dependence acquired in service.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for foot fungus is not well-grounded due to a lack of competent medical evidence linking his current disabilities to service.

The Board has determined that recovery of the overpayment of $1,062.00 in pension benefits is against equity and good conscience due to financial hardship.