Other conditions decisions — 2000

The Board has remanded the case due to a change in the law regarding service connection claims and the need for additional medical records.

The Board of Veterans' Appeals (Board) has determined that the appellant does not have valid military service and therefore is not eligible for VA benefits.

The veteran's hiatal hernia residuals are currently rated at 10 percent, but the Board finds that a higher rating of 20 percent is warranted due to his symptoms being alleviated by surgery.

The veteran's appeal is being remanded due to the need for additional medical records and a VA examination. The issue of entitlement to an increased rating for palindromic rheumatism will be reconsidered after obtaining these records.

The veteran's claims for service connection for amyotrophic lateral sclerosis, increased ratings for thrombophlebitis of the legs, and SMC based on loss of use of both lower extremities were denied. The Board found that there was no evidence to support these claims.

The Board has reopened the claim of service connection for chronic disability of the cervical and thoracic spine due to new evidence submitted since the last denial in March 1974. The evidence suggests that ankylosing spondylitis may have developed during or shortly after World War II, possibly related to exposure to infectious agents like dysentery.

The Board has denied the veteran's claims for service connection for arthritis and tendinitis of the right knee, as well as his claim for an increased rating for residuals of a right knee scar. The RO previously granted service connection for the right knee scar but assigned a noncompensable evaluation.

The veteran's request for a waiver of overpayment of VA pension benefits was denied because it was not filed within the 180-day period following notification.

The veteran's gout is currently rated at 20 percent and the effective date for this rating remains unknown.

The veteran's epigastric pain resulting from a liver bulge was incurred during active service and has been granted service connection.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims of service connection for spastic colitis and a hypotonic stomach. The veteran's current gastrointestinal conditions are not considered related to his military service.

The Board denied the veteran's request for a waiver of recovery of loan guaranty indebtedness due to fault on his part and inability to pay, but found no evidence of fraud or bad faith. The Board concluded that recovery would not be against equity and good conscience.

The Board denied the appellant's claim for service connection for cause of death, finding no competent evidence linking the veteran's cause of death to his service or excluding tobacco use.

The Board denied the veteran's request for an increased disability rating for her service-connected angioneurotic edema, currently rated at 40 percent.

The Board denied the veteran's claim of service connection for stomach pain, finding no underlying disability to support his claim.

The Board denied the veteran's claims for an increased evaluation and earlier effective date for his service-connected right clavicle fracture residuals, finding that the evidence did not show a factual basis prior to June 8, 1998.

The VA has determined that the veteran's right testicle hematoma has healed without any residuals and does not result in functional impairment, thus denying a compensable rating for this condition.

The Board has remanded the case to the RO for consideration of whether new and material evidence has been received sufficient to reopen a claim for service connection for the cause of the veteran's death.

The Board denied the veteran's claims for service connection for PTSD and for special monthly pension based on being housebound due to lack of evidence supporting these claims.

The Board found no current disability for which service connection could be granted, specifically denying service connection for a chronic bladder disorder and prostatitis. The veteran was not entitled to presumptive service connection based on herbicide exposure.