Other conditions decisions — 2001

The appellant is not recognized as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran at the time of his death.

The appellant is not eligible for VA benefits due to a lack of recognized service with the United States Armed Forces.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a right eye disability. The effective date remains pending as it pertains to the award of optic nerve atrophy, right eye.

The Board denied an extraschedular evaluation for the veteran's service-connected right foot disability, finding that the current 20 percent rating adequately accounts for any impairment due to employment and hospitalization.

The veteran's appeal for service connection for colon cancer as a result of exposure to ionizing radiation has been dismissed due to the death of the veteran.

The veteran's service-connected ventral hernia with bowel obstruction secondary to bladder cancer is currently rated at 40 percent, and the Board finds that this rating adequately reflects his disability.

The Board denied the veteran's claim for service connection for Chronic Lymphocytic Leukemia, claimed as non-Hodgkin's lymphoma, as secondary to exposure to Agent Orange due to a lack of evidence establishing an etiological relationship between the condition and the exposure.

The veteran's claim for a clothing allowance was denied as he does not have a service-connected orthopedic disability that requires a prosthetic or orthopedic appliance which tends to wear out his clothing.

The Board found that the veteran's cutaneous T-cell lymphoma was not incurred in or aggravated by military service and denied his claim.

The Board has remanded the case due to procedural issues and the need for additional development, including obtaining medical records and conducting a VA examination.

The VA RO denied the veteran's claim for a rating in excess of 10 percent for PTSD, finding that the condition was service-connected on its own merits and not secondary to Agent Orange exposure.

The VA determined that the veteran's residuals of a fractured mandible do not warrant any disability rating, as they are considered to be no more than slight displacement with no appreciable loss of interincisal range of motion or masticatory function but with some discomfort and perceived alteration of sensation in the right mandibular lip.

The veteran's overpayment of $2,830.75 was denied because the creation of the overpayment was not due to VA error and recovery would not be against equity and good conscience.

The Board denied the veteran's claim for an earlier effective date for payment of additional compensation benefits based on his marriage to his current wife, finding that no earlier effective date is warranted.

The VA has determined that the veteran's service-connected erythema multiforme does not warrant an increased rating as it is currently productive of no more than slight, if any, exfoliation, exudation, or itching on a nonexposed surface.

The Board has found that new and material evidence has been submitted to reopen the claim of entitlement to service connection for familial periodic paralysis, which was previously denied. The veteran's pre-existing condition worsened during active duty.

The Board has granted a 40 percent rating for the veteran's service-connected Reiter's syndrome, finding that it produces severe limitation of motion in the lumbar spine.

The Board denied an increased evaluation for the veteran's gunshot wound to Muscle Group XI of the left lower extremity, finding that the disability did not meet criteria for a higher rating based on muscle group severity.

The veteran's service-connected degenerative intervertebral disc disease does not meet the criteria for specially adapted housing assistance or a special home adaptation grant due to lack of loss or use of both lower extremities, blindness in both eyes with 5/200 visual acuity or less, or anatomical loss or loss of use of both hands.

The veteran's application for educational assistance benefits was denied because the course in question is not necessary for him to pursue his approved program of study and he has already completed it.