Other conditions decisions — 2001

The Board denied the appellant's application to reopen her claim that her former spouse's military service during World War II established basic eligibility for VA benefits, finding no new and material evidence.

The Board has determined that the appellant's diagnosed myelofibrosis/agnogenic myeloid metaplasia is related to his in-service exposure to herbicides, specifically Agent Orange. As such, service connection for this condition is granted.

The veteran's request for reimbursement or payment of private medical services provided during his hospitalization at Desert Samaritan Hospital on September 4, 1999 is pending and requires further action by the RO.

The Board found that the veteran's knee conditions do not meet or approximate the criteria for a higher evaluation, as there is no evidence of arthritis, recurrent subluxation, lateral instability, or significant functional loss due to pain and crepitus. The RO had previously granted service connection and assigned initial 20% ratings.

The Board has granted an increased rating to 20 percent for the appellant's duodenal ulcer disease, which was previously rated at 10 percent. The claim remains in appellate status as less than the maximum available benefits have been awarded.

The Board denied the appellant's claim for basic eligibility for Department of Veterans Affairs nonservice-connected pension benefits due to his service with the USAFFE and recognized guerillas, which falls into a period deemed not to be active military service.

The Board has determined that the veteran does not meet the criteria for a compensable evaluation for his service-connected Hodgkin's disease, as he is currently in remission and there are no residuals of the condition.

The veteran's systemic disorder, gastrointestinal disorder, PTSD and depression, musculoskeletal disorders, neurologic deficits, and respiratory disorder were all found to be incurred or aggravated during her active service.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a dental disorder, but also noted that the veteran was not eligible for outpatient dental treatment due to his lack of service-connected disabilities.

The veteran's claim for service connection of post traumatic stress disorder was reopened due to the submission of new and material evidence, but since the veteran has died, the Board does not have jurisdiction to proceed with the merits of the case.

The veteran's claim for an earlier effective date for the TDIU was pending at the time of his death, but he died more than two years before the decision on this issue. Therefore, accrued benefits are denied.

The veteran was awarded $4.51 in disability pension benefits for the period from January 1, 1997 to November 30, 1997.

The Board denied an increased rating for residuals of a fracture of the proximal radius and ulna of the left arm, as well as a separate rating for mild incomplete paralysis of the left ulnar nerve. The veteran was also found not entitled to TDIU based on his service-connected disabilities.

The Board found that the veteran's bilateral chondromalacia patellae was not incurred in or aggravated by active service and is not shown to be related to his service-connected left ankle fusion. The claim for secondary service connection was denied.

The veteran's pursuit of a Microsoft Certified Systems Engineer program from October 5 to December 2, 1998 was covered by Chapter 32 educational benefits at the maximum allowable rate. The claim is denied as there is no legal basis for additional payment.

The Board found that the appellant's claim for improved death pension benefits is not established due to lack of legal merit, as she was in the custody of her surviving spouse and did not have separate entitlement.

The Board has determined that the cause of the veteran's death was due to esophageal adenocarcinoma, which is presumed to be related to service in the Gulf War. The appeal for service connection for this cause of death is granted.

The Board found no direct service connection for the cause of death due to emphysema and pneumonia, which were not established as being related to service. The appellant's claim was denied.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death. The appellant's husband, who served in Vietnam, died from esophageal cancer, which is presumed to be related to his exposure to Agent Orange during service.

The VA denied the veteran's claim for an increased rating of his service-connected chronic nephritis, currently rated at 30 percent. The Board found that the veteran's symptomatology did not meet the criteria for a higher evaluation.