Other conditions decisions — 2001

The veteran's bronchiectasis, resulting from a left lower lobectomy, is currently rated at 30 percent. The Board finds that the evidence does not support an increase in rating beyond this level.

The Board found that the service-connected ankylosing spondylitis did not cause or materially contribute to the veteran's death from coronary artery disease. The evidence does not support a finding of aggravation.

The Board has reopened the veteran's claim of service connection for dermatophytosis and granted it, finding new and material evidence that supports a current diagnosis.

The Board is remanding the case due to a lack of a substantive appeal, and the claim can only be reopened by submitting new and material evidence. The appellant has not filed a Substantive Appeal as required.

The Board denied service connection for the veteran's eye injury, finding that there was no evidence linking his current condition to his active military service. The veteran submitted new evidence but it did not meet the criteria of being both new and material.

The Board denied the veteran's claim for service connection for mitral valve prolapse, claiming it was secondary to an undiagnosed illness from his Gulf War service. The appeal is based on new evidence that reopened the case.

The VA has denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to a dental disability resulting from VA knee surgery, as there is no evidence of additional disability caused by carelessness or negligence on the part of VA.

The veteran's postgastrectomy syndrome is currently rated at 40 percent, but the Board finds that there is no evidence of more severe symptoms such as anemia, hypoglycemic symptoms, weight loss, and malnutrition to warrant a higher rating. The appeal is denied.

The Board found that the appellant's marriage to the veteran was invalid due to his prior legal marriage, and thus she is not legally recognized as the surviving spouse for VA death pension purposes.

The Board denied the veteran's request for waiver of recovery of a $2,276 overpayment due to his bad faith in not reporting his additional income from earnings.

The veteran is requesting that his previously denied claim for service connection for jungle rot be reopened based on new and material evidence. The Board notes that the RO has not obtained all relevant VA treatment records, particularly those from 1980-1981 in Louisville, Kentucky.

The Board denied the appellant's claim for VA death benefits as her deceased husband did not have qualifying service.

The RO denied service connection for a sinus disorder, citing the lack of evidence showing a nexus between current sinusitis and military service.

The veteran died from a non-service-connected cause at a private hospital. The Board denied reimbursement for burial transportation expenses as the regulations do not provide for such payments when the veteran dies of a non-service-connected disability at a private facility.

The Board has ordered additional development of the evidence to determine if the veteran's exposure to asbestos, radiation, carbon tetrachloride, and/or PCB while on active duty caused or contributed substantially or materially to his fatal colon cancer.

The appellant's spouse is not considered a veteran for VA purposes due to lack of service, and therefore the appellant is not eligible for VA benefits.

The case is being returned to the RO for review in light of recent changes in law and regulations, including the Veterans Benefits and Health Care Improvement Act of 2000. The appellant will be provided with a supplemental statement of the case (SSOC) if the benefit sought remains denied.

The veteran's claim for basic eligibility for VA home loan guaranty benefits was denied because his service did not meet the required length of active duty, and he does not have a compensable service-connected disability.

The Board has reopened the veteran's claim for service connection for loss of vision in the right eye and determined that it was incurred due to an injury during inactive duty training. The decision grants this claim.

The veteran's non-Hodgkin's lymphoma was not incurred or aggravated during service and is not presumed to be due to herbicide exposure. The Board denied the claim as there was no recognized service in Vietnam for purposes of presumptive service connection.