Other conditions decisions — 2001

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for osteomyelitis of the right leg.

The Board denied the veteran's claims for service connection for residuals of a left foot injury and for left ear defective hearing, finding that there was no evidence of current disabilities or persistent symptoms related to these conditions.

The Board denied the appellant's claim as her Notice of Disagreement was neither timely nor valid, and thus the appeal is dismissed.

The Board found that reducing the apportionment for the veteran's minor child from $140 to $25 was proper, given the appellant's financial circumstances and the veteran's court-ordered support.

The Board has determined that the veteran's thrombophlebitis, lower left extremity, results in massive board-like edema with constant pain at rest and warrants a 100% evaluation.

The Board has determined that the veteran is entitled to a 10 percent evaluation for his service-connected temporomandibular joint syndrome (TMJ) based on pain and weakness considerations. The preponderance of evidence supports this determination.

The Board has reopened the veteran's claim for service connection for epididymitis and gastrointestinal disability. The case is remanded to allow for further development, including obtaining medical opinions regarding the relationship between current disabilities and military service.

The Board has reopened the veteran's claims for service connection for thrombophlebitis of the left leg and deep vein phlebitis of the right calf, finding that new and material evidence has been submitted. The claims are now pending before the RO for further action.

The veteran's PTSD has been increased to a 70% rating, and he is now receiving total disability based on individual employability. Service connection for basal cell carcinoma was denied.

The VA determined that the veteran's chest pain did not occur during his active service and is not related to any condition he had while in service, thus denying his claim for service connection.

The veteran's service-connected left elbow disability does not render him incapable of obtaining and performing sedentary work commensurate with his education level and occupational experience.

The Board found that the appellant does not have lung, heart, blood, brain or right eye disability due to mustard gas exposure or other disease/injury incurred in service.

The Board found that the veteran's current skin disorder is not related to his service, and thus denied his claim for service connection.

The Board denied the appellant's claim for improved death pension benefits due to her net worth, finding that it was reasonable to expect some part of her estate to be consumed for her maintenance prior to receiving the benefits.

The Board has reopened the veteran's claim for service connection due to new evidence showing that his bilateral chorioretinitis likely occurred during his military service. The condition was not present prior to enlistment.

The Board has determined that the veteran's deep vein thrombosis, which was present during service and contributed to his death from massive pulmonary embolism, is considered a direct result of service.

The Board found that the appellant's loan guaranty indebtedness was properly established and correctly calculated in the amount of $20,070.27. The decision also determined there was no fraud or misrepresentation on the part of the appellant in creating the debt, and recovery would not be against equity and good conscience.

The Board has determined that the veteran's residuals of a shell fragment wound involving injuries to Muscle Groups V and VI do not warrant an increased combined evaluation, as they manifest no more than moderately severe injury. The scars, however, are well healed and do not limit function.

The Board has determined that the veteran's service-connected post-operative residuals of right gynecomastia do not warrant a rating in excess of 10 percent, as there is no evidence of poorly nourished scars with repeated ulceration or significant limitation of function.

The Board has determined that the cause of the veteran's death, a myocardial infarction, was caused by the left knee surgery performed at the VAMC in April 1999 and was not reasonably foreseeable. Therefore, DIC benefits under the provisions of 38 U.S.C.A. ¶ 1151 are granted.