Other conditions decisions — 2001

The Board found that the January 15, 1974 rating decision denying service connection for a duodenal ulcer was final and denied reopening of the claim due to lack of new and material evidence.

The Board denied the appellant's claim for an effective date prior to February 1, 1983, for the payment of DIC benefits under 38 C.F.R. § 1318.

The veteran's death was not caused by his own willful misconduct. However, he did not meet the statutory duration requirements for a total disability rating and would not have been entitled to TDIU for at least 10 years prior to his death due to other service-connected disabilities and non-service-connected conditions. The March 1954 rating decision is final as it involved CUE.

The veteran is entitled to specially adapted housing due to his service-connected disabilities, including loss of use of the right lower extremity and multiple left lower extremity disabilities. He is not entitled to special home adaptation grant.

The Board dismissed the veteran's motion for revision of a decision based on clear and unmistakable error (CUE) because the requirements for such a motion were not met.

The Board denied the veteran's claims of service connection for loss of teeth and hair as a result of exposure to herbicides (Agent Orange) and hypertension, finding no new and material evidence presented. The Board also determined that hypertension was not incurred in or aggravated by service.

The veteran's appeal for VA education benefits under Chapter 30, Title 38 U.S.C. was granted with an effective date of January 2000.

The Board has determined that there is no current evidence of prostatitis or other genitourinary symptoms warranting a compensable evaluation, and thus the claim for an increased rating for prostatitis must be denied.

The veteran's service-connected right foot and hand disabilities have been rated at 10 percent since November 30, 1995. The case is being remanded to obtain additional medical records and conduct further examinations.

The veteran's non-obstructive myocardiopathy with angina is currently rated at 30 percent disabling, and the Board finds that this rating is not sufficient to reflect his current disability picture. The evidence does not support a higher rating based on more severe symptoms or functional impairment.

The veteran's duodenal ulcer is currently rated at 20 percent and the Board finds that it does not meet the criteria for a higher rating due to lack of recurrent incapacitating episodes.

The Board found that the appellant's actions did not constitute bad faith, fraud or misrepresentation and therefore, waiver of recovery of the overpayment of death pension benefits is not precluded by law.

The veteran's death was not caused by a disease or injury incurred in service, including exposure to ionizing radiation. His malignant astrocytoma may not be presumed to have been incurred in service.

The Board has granted an increased rating of 50 percent for the veteran's service-connected schizoaffective disorder, effective from the date of the decision.

The Board has determined that the veteran's lung disability is not related to his service, including exposure to ionizing radiation during service. The claim for service connection is denied.

The veteran's claim for reimbursement of unauthorized private medical expenses incurred in January and February 2000 was denied because the treatment did not meet all criteria, including a showing that no VA facility was unavailable or that it would have been unreasonable to obtain prior authorization.

The Board denied an evaluation in excess of 40 percent for residuals of a left elbow injury, with a subcutaneous mass due to the lack of evidence showing more than the currently assigned rating.

The veteran's residuals of a nissen fundoplication repair are not the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing his treatment. The Board finds that an elevated right diaphragm is not reasonably foreseeable as a result of the surgery.

The Board has restored the veteran's disability evaluation for his abdominal disability from noncompensable to 10 percent, finding that there was actual improvement in his condition.

The veteran's service-connected post traumatic stress disorder was evaluated at 30 percent from April 5, 1994 through August 16, 1998 and at 50 percent from November 1, 1998. The RO found that the manifestations of PTSD did not warrant a higher evaluation.