Other conditions decisions — 2001

The veteran's service-connected residuals of excision of odontoma in the area of teeth #7 and #8 are manifested by loss of tooth #7, bony defect secondary to removal of odontoma in the area of teeth #7 and #8, and intermittent pain. The Board found that these symptoms do not warrant a rating higher than zero percent under Diagnostic Code 9913.

The Board has reopened the claim for service connection for myotonic muscular dystrophy and granted it, finding that the veteran's hereditary disease first manifested during active service.

The Board has determined that the veteran's entitlement to an additional period of vocational rehabilitation employment services is not warranted, based on the evidence showing over 29 months of employment assistance provided.

The Board denied the appellant's claim of entitlement to DIC benefits for her son C.A. due to a lack of medical evidence showing that he was permanently incapable of self-support prior to his 18th birthday.

The veteran died of metastatic colon cancer, which was not service-connected. The Board found that the cause of death was not related to his military service or any service-connected disabilities.

The veteran's claim for service connection for episodic cramping of the right calf was denied as it was determined that his current condition is a manifestation of his already service-connected residuals of a shell fragment wound to the same area. His claims for increased evaluations for both his service-connected residuals and PTSD were granted, with 10% and 30% ratings respectively.

The Board dismissed the veteran's claim of service connection for post-traumatic-stress-disorder because his timely substantive appeal was not filed within one year of the March 1998 rating decision.

The Board has determined that the appellant's claim for revocation of forfeiture of entitlement to VA benefits was denied because no new and material evidence was submitted, and her previous claims were based on fraudulent statements.

The Board has determined that the veteran's left elbow disorder involving the synostosis of the left proximal radius and ulna was incurred as a result of active military service.

The Board has determined that the veteran's Porphyria Cutanea Tarda (PCT) is likely due to exposure to herbicides during service, specifically Agent Orange. As such, the claim for service connection is granted.

The appellant's spouse had no recognized service, thus the appellant does not qualify for VA benefits.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for a right lower extremity disorder, to include right lower extremity amputation, which he contends was caused by VA medical care. The Board has determined that additional development of the case, including obtaining records and requesting an opinion from a medical expert, is necessary.

The veteran's failure to disclose his wife's income in 1995 resulted in an overpayment of pension benefits. The Board found that the veteran engaged in a misrepresentation by not reporting this information, and thus denied his request for waiver of recovery.

The Board has determined that the veteran's dysthymic disorder warrants a rating of 70 percent, as it meets the criteria for such an evaluation. The criteria for a higher rating have not been met.

The veteran's service-connected multiple sclerosis has resulted in significant impairment of her lower extremities, warranting a rating of 40 percent for each affected limb. She is granted special monthly compensation based on the need for aid and attendance of another person.

The VA denied the appellant's claim for service connection for post traumatic stress disorder because he did not have active military, naval or air service.

The Board denied a compensable rating for the veteran's service-connected status post right inguinal herniorrhaphy, asymptomatic. The evidence did not show any complaints or treatment related to this condition since the last VA examination in April 1993.

The Board granted an increased rating of 20 percent for lumbosacral strain effective October 23, 2000. The veteran's claim for service connection for spinal stenosis at L3-L4 was denied due to lack of causal relationship with military service or a service-connected low back strain disability.

The veteran's claim for an increased rating for service-connected Hodgkin's disease was denied as the residuals did not meet the criteria for a higher rating.

The Board denied service connection for shortness of breath, fatigue, back and body aches, and body and mouth sores claimed due to undiagnosed illness. The appellant's complaints were attributed to Sjogren's syndrome.