Other conditions decisions — 2001

The Board denied a compensable evaluation for history of chronic prostatitis, finding that the veteran's symptoms were not due to his service-connected prostatitis.

The veteran's pancreatitis is not considered a qualifying additional disability for VA compensation under 38 U.S.C.A. § 1151, as the evidence does not show that it was reasonably foreseeable or due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA.

The Board found that the veteran's current skin condition is not related to his military service and denied his claim for service connection.

The veteran's claim for special monthly compensation based on loss of a creative organ was denied, but his service connection claim for pheochromocytoma was granted. The decision is considered mixed as it addressed both issues.

The Board found that the cause of death was not related to service-connected conditions and denied all claims.

The veteran's HIV was rated at 30 percent from July 8, 1996 to May 19, 1999. The effective date for the TDIU evaluation is set as of July 18, 1996.

The veteran's claim for increased compensation by reason of his spouse needing aid and attendance was denied, but the Board dismissed the appeal due to lack of timely submission of a substantive appeal.

The Board found no current medical evidence showing the presence of a disability resulting from cold injuries, and thus denied the veteran's claim for service connection.

The veteran's grandchild, B. C. V., was adopted by the veteran and his spouse under foreign law. However, due to conflicting evidence regarding custody, B. C. V. resides with his natural mother, S. B. V., and does not reside with the veteran. As a result, the veteran's grandchild cannot be recognized as an adopted child for VA purposes.

The veteran's claim for an earlier effective date for service connection of his right buttock and left arm wounds was denied as there is no evidence of a prior claim filed before January 24, 2000.

The Board found that the veteran's service-connected residuals of shell fragment wounds did not meet the criteria for a higher rating, and thus denied his claims for increased ratings.

The Board has granted service connection for residuals of a shrapnel wound to the right heel (claimed as left foot injury) with an effective date of August 31, 1944. The veteran's claim for increased evaluation for psychoneurosis remains pending.

The veteran's service-connected prostatitis is currently rated at 40 percent, the highest available rating for urinary frequency and nocturia.

The Board denied the veteran's claims for service connection for a right eye disorder and left eye disorder, finding that new and material evidence was not submitted to reopen the claim for the right eye disorder. The left eye disorder is considered direct service connection as it is related to pre-existing conditions.

The Board found that a dysthymic disorder was not incurred in active service and denied the claim.

The Board found that a chronic mood disorder was not incurred or aggravated during the veteran's active duty service, and denied his claim for service connection.

The Board has determined that the cause of the veteran's death was not due to a service-connected disability, and therefore denied the claim for service connection. The issue regarding educational assistance benefits under Chapter 35 is also denied.

The Board denied the veteran's claim for service connection for status post fracture of the right radial head, finding that it was not proximately due to or the result of her service-connected schizophrenia.

The Board has determined that the grant of service connection for dysthymia in September 1993 was not clearly and unmistakably erroneous, and thus the severance of this grant is not proper. As a result, service connection for dysthymia is restored.

The Board has remanded the case due to incomplete development of records and need for further examination. The veteran seeks service connection for post-traumatic stress disorder (PTSD) based on alleged combat-related stressors during his active duty in Vietnam.