Other conditions decisions — 2001

The Board found that the veteran's premature loss of hair was not incurred in or aggravated by active service, nor may it be presumed to have been incurred therein. The preponderance of evidence is against the claim.

The Board denied the veteran's claims for increased ratings for chondromalacia of his left and right knees, finding that the disabilities more nearly approximated a 20 percent evaluation based on moderate subluxation and lateral instability.

The veteran's service-connected organic brain syndrome is currently rated at 30 percent, but the Board finds that this rating does not meet the criteria for an increased rating. Additionally, the evidence does not support a finding of unemployability due to his service-connected disabilities.

The Board has determined that the veteran is entitled to a total disability rating based on individual unemployability due to service-connected poliomyelitis residuals, effective June 26, 1995.

The Board has determined that additional information is needed regarding the veteran's exposure to herbicide agents in Vietnam, which could affect his claim for service connection for the cause of death. The case will be remanded to obtain this information.

The Board has determined that there is no causal relationship between the veteran's visual problems, loss of teeth, and disequilibrium and his service-connected residuals of carcinoma of the right parotid gland. The claims are therefore denied.

The Board denied the claim for service connection for the cause of the veteran's death, concluding that the fibrosis of the lungs was not related to service or smoking.

The veteran's claim for an initial compensable evaluation for service-connected patellofemoral pain syndrome of the right knee was denied. The RO scheduled multiple examinations but the veteran failed to appear, resulting in a denial based on lack of evidence. For his bilateral hearing loss claim, the RO found no evidence of current disability or association with service.

The appellant cannot be recognized as the surviving spouse of the veteran for VA purposes due to her divorce from him at the time of his death.

The veteran requested the withdrawal of his appeal regarding a permanent and total disability rating for pension purposes.

The Board has remanded the case due to the need for additional development and compliance with the Veterans Claims Assistance Act of 2000.

The Board denied an increased evaluation for paroxysmal tachycardia, finding that the veteran's disability is currently rated at 10 percent and does not meet the criteria for a higher rating based on more than four episodes per year of paroxysmal atrial fibrillation or other supraventricular tachycardia documented by ECG or Holter monitor.

The appellant is not legally married to the veteran at the time of his death, and therefore, she is not entitled to accrued benefits or VA death pension benefits.

The veteran's claims for a temporary total evaluation based on hospitalization, initial compensable evaluations for hearing loss and tinnitus, and service connection for various conditions were denied. The veteran was granted service connection for hypertropia/hyperphoria but not for the cataract that required surgery.

The Board denied a compensable evaluation for the veteran's service-connected impotence, finding that there was no evidence of deformity of the penis with loss of erectile power.

The VA determined that the appellant did not have a period of service earlier than January 29, 1945 and denied his claim for service connection for malaria as there was no evidence to support its onset during or immediately following active duty.

The Board denied the veteran's claims for service connection and increased rating, finding that his lung cancer did not result from service and nicotine dependence was not severe enough to warrant a compensable rating.

The veteran is entitled to a waiver of recovery of the overpayment in the amount of $1,742.33 due to VA fault and no fault on his part.

The Board denied the appellant's request to reopen his claim for basic eligibility for VA benefits due to lack of new and material evidence, as the submitted documents were either cumulative or of no probative value.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for hairy-cell leukemia, secondary to Agent Orange exposure in service is denied due to lack of evidence of exposure during service and because the Secretary of the Department of Veterans Affairs has determined that leukemia is not a disease associated with exposure to certain herbicide agents.