Other conditions decisions — 2001

The Board has granted a combined 50 percent rating for the veteran's service-connected residuals of fractures of the T-12, L-1 spinal vertebrae, including 40 percent under DC 5292 (limitation of motion) and 10 percent under DC 5285 (demonstrable deformity).

The veteran's service-connected bilateral spondylosis, L5 with spurring and lipping at L4 is currently rated at 20 percent. The VA examiner found moderate limitation of motion but no severe impairment or other symptoms warranting a higher rating.

The Board has reopened the veteran's claim for service connection for arthritis and remanded it to allow further development of the evidence.

The Board denied the appellant's claim for eligibility to VA benefits due to lack of recognized service in the United States military.

The Board denied the application to reopen the claim for service connection for the cause of the veteran's death.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 has been dismissed due to the death of the veteran.

The veteran was in receipt of a 100% disability rating for defective hearing, which is considered service-connected. The appellant's claim for DIC under 38 U.S.C. § 1318 is granted as the veteran had been rated totally disabled by VA continuously for at least ten years prior to his death.

The Board has determined that the veteran's herniated disc at L5-S1 warrants a 20 percent evaluation, as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has granted service connection for the veteran's adenocarcinoma of the cecum/colon and rectal condylomas as a result of exposure to ionizing radiation during active service, but denied service connection for prostate problems. The effective date is not specified.

The Board denied service connection for cerebellar ataxia in December 1998. The RO found that new and material evidence had not been submitted to reopen the claim, and the appeal is now denied.

The Board of Veterans' Appeals has determined that the veteran's service-connected fractured right cuboid bone does not warrant a disability rating higher than 10 percent.

The Board denied the appellant's claim for death benefits as a surviving spouse due to her divorce from the veteran prior to his death, and thus she does not meet the criteria for eligibility.

The Board found that the veteran's lactose intolerance was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability. As such, the claim for service connection for lactose intolerance was denied.

The appellant has withdrawn their appeal, so the case is dismissed.

The Board found that the veteran's failure to report his wife's retirement income and a small discrepancy in interest income did not constitute willful misrepresentation or bad faith. Recovery of the overpayment would result in undue hardship for the veteran due to basic family living expenses.

The Board has determined that the veteran's death was caused by respiratory failure, which is not service-connected. However, due to new evidence and procedural issues, the claim will be remanded for further development.

The veteran's income was found to be excessive for VA improved pension benefits, and his claim was denied.

The Board denied the veteran's claim for an effective date prior to January 20, 2000, for a permanent and total disability rating for pension purposes.

The veteran seeks an increased rating for his service-connected post traumatic stress disorder, which is currently rated at 30 percent. The Board has remanded the case due to issues with the evidentiary record and changes in the law regarding disability evaluations.

The Board has granted a separate compensable (10%) evaluation for service-connected hyperesthesia of the right lingual nerve, in addition to the current rating for temporomandibular joint dysfunction.