Other conditions decisions — 2001

The Board found that the veteran did not engage in combat and there was no credible supporting evidence of a stressor. The VA examination diagnosed Generalized Anxiety Disorder (GAD) instead of PTSD, which is why service connection for PTSD was denied.

The Board has determined that the appellant did not timely file a notice of disagreement regarding the February 1999 denial of her claim for VA death benefits, and thus the issue is not in appellate status.

The appellant's service as a Philippine Scout from May 1946 to March 1949 does not qualify for VA pension benefits due to the lack of 'veteran' status.

The Board denied the appellant's request for a waiver of recovery of overpayment of dependency and indemnity benefits in the amount of $10,798.00 due to fault on her part and failure to meet the standard of equity and good conscience.

The Board denied the reopening of the claim for VA nonservice-connected pension benefits due to lack of new and material evidence.

The VA determined that the appellant's spouse did not have recognized service in the U.S. Armed Forces, thus denying basic eligibility for VA dependency and indemnity compensation benefits.

The Board found that the veteran's service-connected psychoneurosis contributed substantially and materially to his death due to arteriosclerotic heart disease, which was first noted in about 1980. The private physician provided strong evidence supporting this conclusion.

The Board has granted the veteran's claim for service connection for post-traumatic-stress-disorder (PTSD), finding that there is sufficient evidence to support a diagnosis of PTSD based on credible stressors. The case was remanded due to issues with verifying the claimed stressors and obtaining necessary medical examinations.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for residuals of a left elbow injury. The veteran's pre-existing left elbow fracture was aggravated during service, contributing to his current arthritis.

The Board denied the appellant's claim for basic eligibility for VA non-service connected death pension benefits because her deceased spouse did not have qualifying active service and was not receiving or entitled to receive service-connected disability compensation at the time of his death.

The veteran's claim for an initial evaluation in excess of 10 percent for onychomycosis from October 25, 1997, is denied.

The Board has determined that the veteran's post-gastrectomy syndrome warrants a 60 percent rating, which is higher than the current 40 percent rating for his duodenal ulcer. The evidence supports this decision based on the severity of his symptoms and treatment needs.

The Board found no competent medical evidence of a current right hip disorder and denied the veteran's claim for service connection as secondary to his service-connected left leg disorder.

The veteran's request for a hearing before the Board of Veterans' Appeals has been scheduled, but he failed to appear. The case is being remanded due to insufficient notice provided by the RO.

The Board has denied the veteran's claim for service connection for mycosis fungoides, finding no evidence linking his current condition to his military service.

The Board is remanding the case due to a significant change in the law regarding assistance for claims, and because further development on whether lymphoepithelioma falls under any presumptive conditions related to Agent Orange exposure is needed.

The Board has granted a 100% rating for the veteran's totally incompetent anal sphincter effective from July 11, 2000.

The veteran's claim for an earlier effective date for special monthly compensation based on loss of use of a creative organ was denied as there is no legal basis for such award prior to the effective date of Pub. L. 427, which provided for additional compensation for loss or loss of use of a creative organ.

The Board of Veterans' Appeals has determined that the appellant is ineligible for VA benefits due to a lack of qualifying service, and thus denied his claim.

The Board has determined that the veteran's postoperative residuals of a right foot injury, including his preexisting healed fracture of the right tarsal navicular and post-traumatic arthritis of the talonavicular joint, are service-connected based on aggravation.