Other conditions decisions — 2001

The Board has determined that no new and material evidence has been received to reopen the claim for revocation of a forfeiture action, thus denying the appeal.

The Board denied the veteran's claim for a rating in excess of 40 percent for his service-connected herniated nucleus pulposus, finding that the evidence did not support such an increase.

The Board finds that the preponderance of evidence does not support a finding that the veteran's post-surgical residuals were unexpected or unforeseeable results of his July 1985 surgery. The VA treatment was deemed proper and informed consent was provided.

The Board has remanded the case due to the need for compliance with the Veterans Claims Assistance Act of 2000, including obtaining medical records and providing a VA examination.

The Board denied the veteran's claim for service connection and eligibility for VA outpatient treatment due to lack of a compensable dental condition.

The Board has determined that the apportionment of the veteran's improved disability pension benefits to his estranged spouse and child in his custody was improperly terminated, effective March 1, 1997. The appellant's claim for an apportionment of the veteran's improved disability pension benefits to her was also denied.

The Board found that the veteran's current hypertensive cardiovascular disease is not related to military service and denied his claim for secondary service connection due to PTSD.

The Board denied the reopening of a claim for service connection for back injury, finding that new and material evidence had not been submitted. The appellant's testimony regarding aggravation by military service was deemed insufficient due to his lack of medical expertise.

The Board denied service connection for a cataract of the right eye with defective vision, finding that any decreased visual acuity during service was due to a pre-existing condition. New evidence submitted since the previous denial does not provide new or material information.

The Board found that all nonservice-connected VA pension benefits due for the period June 13, 1960 through March 31, 1993 were properly paid to the veteran or his fiduciaries.

The Board denied the veteran's claims for service connection for a growth on his neck and a lung disorder, but granted an increased evaluation for peptic ulcer disease. The issues pertaining to bilateral hearing loss remain unresolved.

The veteran's claim for benefits under 38 U.S.C. § 1151 was denied as the effective date cannot be earlier than July 25, 1997.

The Board found that the veteran does not suffer from chronic disability manifested by weight loss, fever, chills and night sweats, or fatigue, elevated liver enzymes, and gastrointestinal symptoms. Therefore, service connection for these conditions was denied.

The veteran died of cardiovascular collapse due to severe cardiomyopathy. The VA does not grant burial benefits because the death was not service-connected, and the veteran did not meet other criteria for such benefits.

The Board denied the appellant's claim for accrued benefits as her application was not filed within one year of her husband's death, and she had no pending claims at his time of death.

The Board has remanded the case to obtain Social Security Administration records and review the veteran's claim for an earlier effective date for a total disability rating based on individual employability due to service-connected disability. The RO is instructed to fully complete the development ordered by the Board.

The Board has granted service connection for the cause of the veteran's death from May 4, 1995 and changed the effective date to September 19, 1993 based on a liberalizing law enacted in 1988.

The Board denied the veteran's claim for service connection for spinocerebellar degeneration, finding that it was not incurred in or aggravated by active service and is not related to his service-connected wound of the lumbar spine.

The veteran's spondylolisthesis, L5-S1, is currently rated at 10 percent and has been increased to 20 percent.

The Board has granted service connection for idiopathic urticaria, a chronic disability that began during active duty in December 1990. The effective date of the grant is not specified.