Other conditions decisions — 2001

The veteran's claim for an increased evaluation for the residuals of a compression fracture of T11-12, with paravertebral muscle spasm, was denied as he failed to report for scheduled VA orthopedic examinations without good cause.

The Board denied the veteran's claim for service connection for residuals of ileostomy for ulcerative colitis, as a result of exposure to herbicides due to lack of evidence linking the condition to military service or herbicide exposure.

The VA determined that the veteran's postoperative residuals of herniated nucleus pulposus do not warrant a rating in excess of 40 percent.

The VA determined that the veteran did not have PTSD as a result of service, finding no evidence of an in-service stressor and concluding that his current symptoms are related to his incarceration.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for impotence and incontinence, claimed as a result of VA medical treatment in November 1994, and an increased evaluation for service-connected hemorrhoids. The case must be remanded to obtain additional records and provide the veteran with a VA examination.

The Board has determined that the veteran's thrombophlebitis of the right leg warrants a 10 percent evaluation, as it meets the criteria for intermittent edema and aching and fatigue in the leg after prolonged standing or walking.

The Board has determined that the appellant's service-connected disabilities render him unable to perform most daily needs without regular personal assistance from others and render him unable to protect himself from hazards or dangers incident to his daily environment, warranting special monthly compensation based on the need for regular aid and attendance of another person.

The Board has determined that the veteran's chronic lymphocytic leukemia and fatigue are service-connected, with the increase in severity of the condition during active duty attributed to aggravation.

The veteran's claim for a compensable rating for left epididymitis was denied because he failed to appear for scheduled VA examinations without good cause shown.

The Board denied the appellant's claim for retroactive Chapter 35 education benefits prior to March 27, 1998 due to lack of legal basis.

The Board denied the veteran's claim for an earlier effective date for the grant of service connection for lichen simplex chronicus, finding no evidence of a prior claim filed before June 28, 1995.

The veteran's son, M.W., was born in December 1979 and attained his 18th birthday in December 1997. The veteran was paid additional compensation benefits for this son through December 1997, when the child attained 18 years of age. A claim for additional VA disability compensation based on M.W.'s school attendance was not filed within one year from his 18th birthday. Payment of additional compensation due to the dependency of the veteran's child, M.W., beyond age 18, based on school attendance is warranted effective one year prior to the receipt of the January 2000 application for those benefits, but no earlier.

The veteran's claim for service connection for arthritis of the legs and hands was not well-grounded, but his secondary service connection claim for lumbosacral strain to residuals of grenade fragment wounds to left foot was granted.

The veteran's claim for a waiver of overpayment of VA compensation benefits was denied because the Board found that recovery would not be against the principles of equity and good conscience.

The VA has developed all necessary evidence for the claim. The veteran's gastrointestinal disability is currently manifested by subjective complaints of epigastric pain, nausea, and episodes of diarrhea at least once per week. Current objective findings do not show symptoms of persistent recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, productive of considerable impairment of health or moderately severe impairment of health due to gastrointestinal symptoms.

The veteran's claim for an increased disability rating for his service-connected residuals of a fracture of the left radius and ulna is being remanded due to incomplete examination records and lack of assessment on the extent of impairment caused by the service-connected condition, including any left thumb extension loss.

The Board of Veterans' Appeals has denied the veteran's request for an increased rating for his service-connected post traumatic stress disorder (PTSD), currently rated at 50 percent.

The VA denied a claim for an increased rating for the veteran's right knee disability, finding that the condition is principally manifested by constant pain and occasional sensations of instability and locking.

The Board determined that S.D.T. is not the veteran's spouse for VA benefits purposes due to a lack of mutual agreement and consent between them to enter into a common law marriage.

The Board has determined that an effective date of January 28, 2000 should be assigned for the award of additional compensation for aid and attendance benefits for the veteran's spouse.