Other conditions decisions — 2000

The VA has determined that the veteran's residuals of a crush injury with fracture of the tips of the left index and middle fingers are not more than 40% disabling.

The Board denied an evaluation in excess of 10 percent for degenerative changes of the thoracic spine, finding that a 10 percent evaluation was appropriate given the clinical evidence.

The Board has granted increased ratings for the veteran's service-connected left knee disability and right knee instability, but denied an increase in rating for his degenerative joint disease of the right knee.

The veteran's congenital spina bifida and nondisplaced spondylolisthesis at L5-S1 were aggravated during service, and the Board granted service connection for this aggravation.

The Board has reopened the veteran's claim of service connection for terminal ileitis due to new evidence submitted since the last denial. The Board found that his stomach problems during service were aggravated by the stress and dietary conditions of military life, leading to a worsening of his pre-existing condition.

The veteran's appeal for basic eligibility for nonservice-connected disability pension benefits was denied as he did not have active duty during a period of war, thus not meeting the requirements for basic eligibility.

The veteran's bladder dysfunction with history of epididymitis and prostatitis is rated at 40 percent, effective May 22, 1993. Service connection for a liver disorder is not well-grounded. Service connection for a skin rash and tongue condition are granted.

The Board has determined that the veteran's nose disorder preexisted service and was not aggravated by service, thus denying his claim for service connection.

The veteran's claim for an increased rating for his service-connected right foot disability was denied by the RO. The RO found that the current evaluation of 10 percent is appropriate.

The Board has determined that the submitted evidence does not provide new and material information to reopen the claim for service connection for a heart murmur.

The Board has denied the veteran's claims for service connection for ulcer disease and dyspepsia, as there is no competent medical evidence of current disabilities. The claim for an increased rating for right knee disability remains pending.

The Board found that the appellant's request for waiver of indebtedness due to overpayment of death pension benefits was timely filed within 180 days of notification.

The Board has found the veteran's claim of service connection for TMJ dysfunction to be well grounded. The evidence shows current disability and in-service symptomatology, but does not definitively establish a nexus between the current condition and service.

The Board found that the veteran's quadriplegia and loss of bowel/bladder function were a result of his underlying disease process, which was not permanently arrested by the 1987 VA surgery. The additional disability is considered to be the continuance or natural progress of the condition for which VA treatment was authorized.

The veteran's widow is seeking special monthly pension based on the need for regular aid and attendance due to her husband's death. The case is remanded as there are insufficient details regarding her current visual acuity.

The Board has determined that the appellant's service-connected residuals of shell fragment wounds to his left hand and right hip do not warrant a higher rating, as they are currently rated at 10 percent.

The Board found no evidence of ankylosis or other disabling conditions that would warrant a higher evaluation for the veteran's left hand disability, and thus denied his claim for an increased rating.

The veteran is seeking service connection for a cardiac disorder that he claims is secondary to his service-connected depressive neurosis. The case has been remanded due to the need to obtain additional medical records and clarify whether the veteran is claiming service connection for a 'C-pap condition'.

The Board denied the veteran's claims for service connection of residuals of pneumonia, chronic constipation, and impaired vision. The claim to reopen his previously denied claim for hepatitis (yellow jaundice) was also denied due to lack of new and material evidence.