Other conditions decisions — 2001

The Board denied the veteran's claims for service connection of an ulcer disorder and a prior effective date for PTSD. The RO found that the veteran did not submit his claim within one year after separation from active duty, thus denying earlier effective dates.

The veteran's disabilities prevent him from successfully pursuing a vocational rehabilitation program and becoming gainfully employed in an occupation consistent with his abilities, aptitudes, and interests.

The veteran's claim for an earlier effective date for a 10 percent evaluation of his service-connected shell-fragment wound to the right lower extremity was denied by the Board, and he is not entitled to an earlier effective date than September 23, 1992.

The veteran's claim for an increased rating for status post bilateral orchiectomy due to carcinoma was denied as the earliest date on which it is factually ascertainable that his condition had increased in severity so as to meet the criteria for a 100 percent evaluation was October 19, 1998. The appeal must be denied.

The Board has granted service connection for C6 quadriplegia as secondary to the veteran's service-connected residuals of fracture of the transverse process of the L4 vertebra. The issue of entitlement to an increased rating in excess of 20 percent for his service-connected low back disability remains pending.

The Board found no clear and unmistakable error in the March 1946 rating decision denying service connection for right eye enucleation. The veteran's claim was reopened, and he is now entitled to a 10% disability rating effective January 27, 1992. However, his total disability rating based on individual unemployability due to service-connected disabilities remains denied.

The veteran's lung disorder is not service-connected as it is not one of the diseases subject to presumptive service connection based on Agent Orange exposure. The claim will be remanded for further development, including obtaining evidence of actual Agent Orange exposure and medical evidence linking his current lung condition to such exposure.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting the appellant's request for waiver.

The case is being remanded for further review of the appellant's claim, including consideration of a waiver of recovery of debts and scheduling a videoconference hearing before the Board.

The Board has determined that the adopted children, VL and WL, meet all criteria to be recognized as the veteran's adoptive children for VA purposes.

The Board denied the appellant's claim for death benefits as her spouse, who was previously determined not to have served in the U.S. Armed Forces, did not qualify as a 'veteran' for VA benefits.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of verified service in the United States Armed Forces.

The veteran died of arteriosclerotic cardiovascular disease, which was service-connected. The appellant is eligible for VA benefits under Chapter 35 due to the cause of death being a service-connected disability.

The Board denied the appellant's request to reopen her claim for basic eligibility for VA benefits due to lack of new and material evidence.

The Board has denied the veteran's claim for service connection for prostatitis, as there is no evidence of a chronic condition during his second period of service and insufficient medical records to establish a relationship between current prostatitis and service.

The Board has granted a 20 percent evaluation for the veteran's service-connected compression fracture of T9 and T10, finding that it meets the criteria for such an increase in rating.

The Board found that the appellant's discharge for bad conduct was due to willful and persistent misconduct, thus constituting a bar to payment of benefits.

The Board found that the loan guaranty indebtedness was validly established and has been correctly calculated. The consideration of waiver of recovery is not precluded due to misrepresentation by the veteran in obtaining the loan.

The Board has determined that recovery of the overpayment would not be against equity and good conscience, thus granting a waiver for the veteran.

The veteran's claim for a compensable rating for status post T-cell lymphoma was denied as there is no evidence of active disease or recurrence.