Other conditions decisions — 2001

The veteran's service-connected traumatic encephalopathy contributed to his death from acute renal failure and asperatory pneumonia due to malnutrition, which was caused by dysphagia resulting from stomach cancer. The Board granted service connection for the cause of the veteran's death.

The veteran's schizoaffective disorder has been found to warrant a 50 percent evaluation, reflecting significant occupational and social impairment.

The veteran's degenerative joint disease, status post ORIF of fractures of the left tibia, fibula, and medial malleolus, is rated at 40 percent effective from July 16, 1992. The veteran also has a compensable rating for chronic osteomyelitis of the left tibia.,The veteran's degenerative joint disease, status post ORIF of fractures of the left tibia, fibula, and medial malleolus is rated at 40 percent effective from December 12, 1994.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied his claim for service connection for cause of death.

The Board has remanded the case due to a lack of VA examination and further development is required.

The VA has denied an increased evaluation for the veteran's service-connected right elbow disability, currently rated at 10 percent.

The Board finds that service connection is warranted for residuals of brain damage, including diminished mental capacities, on a direct basis. The veteran's cognitive problems are attributed to his pineal tumor and its treatment.

The veteran's lung disease, including bullous emphysema and the residuals of a left pneumothorax in 1996, is considered to be the result of disease incurred in service.

The Board found that the veteran's loss of vision was not caused by VA treatment in October 1994, and thus denied his claim for benefits under 38 U.S.C.A. § 1151.

The Board has granted an initial compensable rating of 20 percent for impotence, effective from July 10, 1990. The veteran's claim for special monthly compensation based on loss of use of a creative organ is the subject of a separate remand.

The Board found that the reduction in the appellant's VA pension benefits effective January 1, 1998 was proper due to her receipt of Social Security income.

The veteran's claim for basic eligibility for nonservice-connected disability pension benefits is denied as he did not serve on active duty.

The Board denied an evaluation in excess of the current 10 percent rating for the veteran's service-connected healed, traumatic chorioretinitis of the right eye with retained foreign bodies in the sclera.

The Board granted service connection for the cause of the veteran's death due to lung cancer, which is a disease associated with exposure to herbicide agents in Vietnam. The effective date was set at November 3, 1998, based on the liberalizing law and regulations that became effective in June 1994.

The veteran incurred unauthorized medical expenses at Hahnemann University Hospital on September 14, 1998 for weakness and fatigue. The treatment was not related to any service-connected disability, and no VA or other federal facilities were feasibly available.

The Board found that the veteran's request for a waiver of recovery of an overpayment of pension benefits was timely filed, and thus granted the appeal.

The Board has dismissed the appeal as the appellant withdrew his appeal for service connection of left eye disability.

The July 25, 1994 determination denied additional pension benefits for the veteran's children due to lack of evidence showing reasonable contribution to their support. The RO referred the veteran to his procedural and appeal rights.

The Board has granted a partial waiver of the veteran's pension indebtedness in the amount of $22,377 due to his failure to promptly report his Social Security Administration (SSA) benefits. The remainder of the debt ($6000) is denied as it would result in severe financial hardship.

The Board denied entitlement to a compensable disability evaluation for bilateral varicose veins prior to January 12, 1998 and did not address the claim for an earlier effective date for TDIU.