Other conditions decisions — 2001

The veteran's irritable bowel syndrome is rated at 30 percent, effective from the date of receipt of her claim for increased evaluation. The RO has granted an earlier effective date of August 7, 1996 for service connection and compensation for PTSD and residuals of a gunshot wound to the left sternum, splenectomy, and restrictive lung disease.

The Board has determined that the veteran's current bilateral defective hearing is as likely as not due to his period of service with the United States Army National Guard, and thus grants service connection for this condition.

The Board finds that the veteran's current pulmonary fibrosis is reasonably linked to his inservice asbestos exposure, and grants service connection for this condition.

The Board denied the veteran's request to waive recovery of an overpayment of improved disability pension benefits, finding that recovery would not be against equity and good conscience due to the fault on the part of the veteran in creating the overpayment.

The Board is remanding the case due to incomplete records and insufficient evidence, including a missing DD214 and lack of supporting documentation for the appellant's claim. The appellant must provide any additional information or evidence he may have.

The veteran's claim for service connection for a psychiatric disability was previously denied in July 1999 due to his diagnosis of an aggressive personality disorder. The RO has now reopened the claim based on new evidence, but it is not clear from the decision whether the new evidence supports or contradicts the previous denial.

The VA is requesting additional medical evidence and conducting further examination to determine the severity of the veteran's Crohn's disease, which is currently rated as 30 percent disabling.

The Board denied the veteran's claim for an earlier effective date for a 50% rating for residuals of brain contusion with burr holes, concluding that the effective date should be August 1979 based on the evidence and applicable criteria at the time.

The Board has determined that the evidence does not meet the criteria for a compensable evaluation for service-connected psychoneurosis prior to September 1, 1998. As of September 1, 1998, the appellant's psychiatric symptoms are characterized by mild or transient impairment during periods of stress.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death from idiopathic cardiomyopathy.

The Board denied the veteran's claims for a compensable rating for malaria and to reopen his claim of service connection for cellulitis of the left leg. The veteran was not shown to have active malaria or residuals thereof, and no new evidence concerning cellulitis had been submitted since the January 1946 denial.

The Board has granted an increased disability rating of 30 percent for the appellant's service-connected post-concussion syndrome with frontal headaches, effective from May 19, 2001. The left knee condition is rated at 20 percent for limitation of motion and 10 percent for instability.

The veteran's claims for service connection for a hernia and an ulcer are being remanded due to the need for additional medical records and examination.

The veteran's case is being remanded to the RO for due process reasons, including obtaining a VA Form 646 from his representative and ensuring he has an appointed representative.

The Board has determined that the appellant's claims for service connection for residuals from a back injury and right elbow injuries are granted. The skin disease claim will be addressed in the Remand section of this discussion.

The Board found that the veteran's preexisting dorsal spine disability existed prior to service and was not aggravated by active duty, thus denying his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a duodenal ulcer with colitis.

The appellant does not meet the basic service eligibility requirements for VA benefits due to a lack of recognized active service in the Armed Forces of the United States.

The veteran's service is not considered active military, naval, or air service for the purposes of VA non-service-connected pension benefits.

The veteran's claim for an increased disability evaluation for his left (minor) navicular bone fracture residuals is being remanded due to the need for additional VA examination and development of medical records.