Other conditions decisions — 2001

The Board denied the veteran's claim for an increased evaluation for his right (major) rotator cuff tendonitis, currently rated at 30 percent.

The Board of Veterans' Appeals has determined that the veteran developed TMJ syndrome following VA dental treatment in June 1982, which was not a result of his own willful misconduct. The claim for compensation under 38 U.S.C.A. § 1151 is granted.

The VA denied an increased initial evaluation for actinic keratosis, currently rated at 10 percent.

The veteran is seeking service connection for abdominal cramps and diarrhea, which he claims are related to his Gulf War service. The Board has determined that further examination and development of the record are necessary before a decision can be made.

The Board denied the appellant's claim as she was not permanently incapable of self-support before reaching the age of 18 years on July [redacted], 1965.

The Board denied service connection for a left foot disorder, finding that the evidence did not show a nexus between the veteran's pre-existing condition and active military service.

The veteran's service-connected right ankle Achilles tendonitis is productive of moderate limitation of motion, warranting a 10% rating.

The VA has determined that the veteran's postoperative duodenal ulcer disease, currently rated at 20 percent disabling, does not warrant a higher evaluation based on current symptoms and medical findings.

The veteran's claims for service connection for gastrointestinal disorders and a total disability rating based on individual unemployability due to his service-connected disabilities were granted effective March 8, 2001.

The veteran's death was caused by an accidental overdose of heroin and cocaine, which is considered the result of his own willful misconduct. Therefore, service connection for cause of death cannot be granted. The claim for Dependents' Educational Assistance (DEA) also fails due to lack of service-connected cause of death.

The Board has determined that the veteran's memory loss and gastrointestinal disorder are related to an undiagnosed illness he experienced during his service in Southwest Asia.

The veteran's liver laceration is manifested by a retained metallic fragment with pain on lifting, pulling and tugging. The Board has granted an increased 10 percent evaluation for the veteran's laceration of the liver.

The veteran claims compensation benefits under the provisions of 38 U.S.C.A. § 1151 for loss of vision in his right eye due to negligence and fault on the part of the Department of Veterans Affairs (VA). The VA has denied this claim, but a remand is required to obtain additional medical records and conduct an examination.

The Board denied the appellant's claim as she did not meet the legal requirements to be recognized as the veteran's surviving spouse for VA death benefits due to her marriage being deemed invalid by Michigan law.

The claimant's total family income exceeds the maximum annual income for improved death pension benefits, thus denying her entitlement to VA death pension.

The Board has denied the veteran's claim for service connection for adenocarcinoma of the rectum, finding that it was not incurred in or aggravated during active service and is not otherwise causally related to his active service.

The Board has granted a 10 percent rating for the veteran's hyperactive bowel syndrome, effective from August 28, 1998.

The Board has determined that it is contrary to equity and good conscience to recover the veteran's debt of $6,076 resulting from an overpayment of pension benefits. The decision grants waiver of recovery.

The Board denied an evaluation in excess of 30 percent for the veteran's residuals of a gunshot wound to the left tibia and fibula with chronic osteomyelitis and postoperative saucerization.

The Board has granted service connection for the cause of the veteran's death due to exposure to radiation during service and has determined that the veteran died from non-Hodgkin's lymphoma, which is a presumptive disease under VA regulations. The appellant is also eligible for survivors'/dependents' educational assistance.