Other conditions decisions — 2001

The VA denied an initial evaluation in excess of 10 percent for tendinitis of the right elbow, finding that the condition did not warrant a higher rating based on its current manifestations.

The veteran's spondylolysis with spondylolisthesis, stenosis and herniated disc at L5-S1 is currently rated as 40 percent disabling. The disability does not meet the criteria for a higher rating.

The Board found that squamous cell carcinoma of the base of the tongue was not incurred in or aggravated by service, and denied the claim.

The veteran's service-connected gastritis is currently rated at 30 percent, and the Board denied a higher rating as there were no findings of hemorrhages or large ulcerated or eroded areas.

The Board has determined that a timely notice of disagreement was filed regarding the denial of waiver for an overpayment of $2,400. The other issues pertaining to timeliness of requests for waivers are addressed and will be remanded.

The veteran's claim for a higher initial rating for gastritis is granted, but the maximum allowable rating of 10 percent remains.

The veteran's claim for nonservice-connected pension benefits is denied as he did not serve during a period of war and therefore does not meet the eligibility requirements.

The Board found that the veteran committed fraud by knowingly making and presenting false statements to VA regarding his employment status, leading to improper termination of TDIU benefits effective March 10, 1975. The overpayment issue was also addressed, finding that the creation of the overpayment involved fraud and thus waiver of recovery is precluded.

The Board has remanded the case for further development due to potential entitlement to a separate disability evaluation for sinusitis and other non-overlapping resulting symptoms of the in-service trauma.

The Board denied the veteran's claim for service connection for a psychiatric disability, finding no evidence of current disabilities and noting that alcohol and cocaine abuse are not considered disabilities for VA compensation purposes.

The Board has granted service connection for a voice disorder and denied an increased rating for residuals of spinal meningitis.

The veteran died from apparent peritonitis, which the VA physician opined was likely related to a bowel perforation. The death certificate and medical records do not support the claim that the veteran underwent colonscopic examination two days prior to his death.

The Board found that the veteran's death was not service-connected due to his suicide, which occurred while under other than honorable conditions. The appellant is also ineligible for Dependents' Educational Assistance.

The Board denied the veteran's claims for increased ratings for his service-connected osteomyelitis of the left mandible and TMJ disorder, finding that neither condition warranted a higher rating under applicable VA regulations.

The Board denied the veteran's claims for increased ratings for his service-connected varicose veins of the right and left legs, finding that the evidence did not show persistent edema or stasis pigmentation/eczema to warrant a higher rating.

The Board denied the appellant's claims for an evaluation in excess of 40 percent for gout and for an effective date prior to April 22, 1998, for a 40 percent evaluation for gout. The veteran's gout was rated as 20 percent disabling since April 10, 1989, and the RO assigned an effective date of April 22, 1998.

The Board has reopened the veteran's claim of service connection for multiple joint arthritis due to new evidence submitted, but it remains unclear if this condition is related to his military service.

The Board has determined that the veteran's claim for an earlier effective date for TDIU is denied as there was no prior final decision on this issue and the earliest 'date of claim' is November 19, 2000. The preponderance of evidence does not support a finding in favor of the veteran.

The VA denied the veteran's claim for service connection for a brain tumor with residual hemiparesis and imbalance, finding that there was no evidence of in-service exposure to herbicides or other causative factors.

The Board has determined that the veteran's service-connected residuals of L5-S1 discectomy with traumatic arthritis warrant a rating of 60 percent, effective as of April 2, 1998.