Other conditions decisions — 2001

The Board denied an increased rating for the veteran's service-connected residuals of injury to the left great toenail, finding that his disability did not warrant a higher than current 10 percent evaluation.

The Board has determined that the veteran's left great toe and right leg disabilities are service-connected as they can be reasonably disassociated from his in-service gunshot wounds.

The Board has determined that the veteran's withdrawal of funds from his tax-deferred (individual retirement) accounts is properly countable as income for purposes of determining entitlement to improved disability pension benefits, and therefore denied the appeal.

The Board denied the appellant's claim for nonservice-connected VA death pension benefits due to a lack of legal entitlement under the law.

The veteran's claim for an increased rating for chronic duodenal ulcer has been dismissed due to the death of the veteran during the appeal process.

The VA has determined that the veteran's service-connected left eye injury does not warrant an evaluation in excess of 10 percent.

The Board of Veterans' Appeals has determined that the appellant did not serve as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, the claim for basic eligibility for VA benefits based on recognized military service is denied.

The appellant's deceased spouse did not have military service with the United States Armed Forces, and therefore does not meet the basic eligibility requirements for VA benefits.

The appellant is entitled to improved death pension benefits for the period of September 1997 to November 1999, and from December 2000.,For the period of December 1999 to November 2000, the appellant is not entitled to any improved death pension benefits due to excessive income.

The VA granted service connection for the veteran's bilateral lung metastases, but assigned a 30 percent evaluation. The medical evidence did not meet criteria for an increased rating.

The veteran served as a Philippine Scout and is not eligible for nonservice-connected VA death pension benefits.

The appellant is not eligible for VA benefits due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that the veteran's ulcerative colitis or Crohn's disease is proximately due to or the result of his service-connected pilonidal cyst with fistulae, and thus grants service connection for these conditions.

The veteran's appeal was dismissed because he died during the pendency of his appeal.

The Board of Veterans' Appeals has remanded the case for additional development due to failure to address all available VA medical evidence and submission of new evidence. The veteran's PTSD symptoms need to be reassessed, and his SSA disability records should also be obtained.

The Board has remanded the case due to a change in the law regarding new and material evidence, requiring compliance with the Veterans Claims Assistance Act of 2000. The RO must ensure all notification and development action required by this act is completed.

The veteran's claim for compensation under 38 C.F.R. § 3.317 for chronic disability from an undiagnosed illness manifested by blood in the stool, diarrhea, and weight loss is being remanded due to a need for additional development and consideration of new evidence.

The case is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of the veteran's service-connected duodenal ulcer disease.

The Board denied the veteran's claim for a temporary total evaluation based on periods of VA hospitalizations in June and October 1996. The case is also remanded to address the denial of service connection for PTSD.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal.