Other conditions decisions — 2001

The Board has determined that the $4,876 received by the veteran's spouse is not countable income for VA improved disability pension purposes.

The VA has granted service connection for herpes with history of herpes zoster, but assigned a noncompensable evaluation. The veteran is seeking an increased rating.

The veteran's claim for an earlier effective date for nonservice-connected pension benefits was denied as he did not provide evidence within the required timeframe, resulting in abandonment of his original claim. The RO had attempted to contact him regarding his service medical records but could not locate them.

The Board denied service connection for squamous cell carcinoma of the right main stem bronchus and cause of death due to this condition, finding no evidence linking these conditions to service or exposure to ionizing radiation. The veteran's death was attributed to respiratory failure caused by squamous cell carcinoma.

The Board denied the veteran's claims for increased ratings for his shell fragment wounds to both thighs, finding that the current ratings of 10% were appropriate based on the evidence provided.

The veteran's appeal is about an increased evaluation for his service-connected gunshot wound and fracture of the right forearm and elbow. The VA has not fulfilled its duty to assist by failing to obtain all relevant treatment records, particularly from VAMCs since March 1999.

The veteran's appeal for an increased rating for left calcaneus fracture with resection, left metatarsal head, 2nd, 3rd, 4th and 5th toes was dismissed. The issue of individual unemployability is the sole issue before the Board.

The veteran's appeal on the issue of compensation for July 1996 was not timely filed, and as such, the Board has dismissed the appeal.

The Board has determined that the veteran's death was caused by his service-connected postgastrectomy syndrome and progressive dementia, which is at least as likely as not related to his active military service. The VA will obtain additional medical records and provide a medical opinion regarding the relationship between the veteran's service-connected conditions and his cause of death.

The Board has determined that the veteran's service-connected varicose veins of the left leg do not warrant an evaluation in excess of 10 percent.

The Board has remanded the case due to new requirements under the Veterans Claims Assistance Act of 2000 and related regulations.

The Board denied the appellant's claim of service connection for the cause of her husband's death due to exposure to mustard gas, finding that new and material evidence had not been submitted.

The Board denied the claimant's recognition as the veteran's surviving spouse for DIC benefits under 38 U.S.C.A. § 1151 due to lack of a valid marriage and because there was no evidence that she entered into the marriage without knowledge of the legal impediment.

The veteran's service-connected disabilities, including gastrointestinal problems and restrictive lung disease, now prevent him from obtaining substantially gainful employment.

The veteran's service connection claim for residuals of an injury to the right rib area is granted as these residuals were incurred in active service.

The Board has granted a 20 percent rating for the veteran's service-connected duodenal ulcer, effective from the date of his claim.

The Board found that the veteran's shell fragment wound residuals do not meet the requirements for moderately severe under Diagnostic Code 4.56 based on his current symptomatology and findings, thus maintaining a 20 percent rating.

The veteran's current residuals of VA abdominal surgeries from 1981 to 1992 constitute additional disability that was not reasonably foreseeable, and the requirements for benefits under 38 U.S.C.A. § 1151 have been met.

The Board denied the veteran's claim for an increased rating for bilateral hearing loss, finding that neither the old nor new criteria pertaining to hearing loss are more favorable to the veteran. The RO continued a noncompensable evaluation for bilateral hearing loss.

The Board denied the veteran's claims for earlier effective dates for service connection for diverticulitis and degenerative joint disease of the left hip, finding that no evidence supported a claim for an earlier effective date.