Other conditions decisions — 2001

The Board found that the veteran's acute myelogenous leukemia was incurred in service as a result of exposure to Agent Orange, and granted service connection for this condition.

The Board denied increased disability ratings for service-connected fractures of the left and right heels, finding that the evidence did not support a higher rating based on current clinical findings.

The Board has determined that the evidence does not show more than one episode of congestive heart failure or workload of greater than 5 METs resulting in dyspnea, fatigue, angina, dizziness, or syncope. Therefore, an evaluation in excess of 30 percent for a third degree AV block, status post permanent pacemaker implantation is denied.

The Board has reopened the veteran's claim for service connection for a left elbow disability and has determined that new evidence supports this claim. The Board found that the current left elbow condition is related to service.

The Board finds that the preponderance of the evidence is against a rating in excess of 10 percent for residuals of her residuals of carcinoma-in-sitó, and thus denies an increased evaluation.

The appellant's service is not considered active military, naval or air service for VA disability pension benefits and therefore does not meet the eligibility criteria.

The veteran's appeal was withdrawn prior to the issuance of a decision. The Board does not have jurisdiction over these claims.

The Board has granted a 100% evaluation for incomplete C4-C5 quadriplegia and awarded additional special monthly compensation based on the need for regular aid and attendance.

The Board has granted the veteran's claim for secondary service connection for a disability of the right arm and hand, finding that it is related to his service-connected left arm amputation.

The Board has granted a 20 percent disability rating for deep vein thrombosis of the left leg effective August 22, 2000. The veteran's service-connected condition is characterized by persistent pain and swelling in the affected limb.

The Board denied the veteran's claims for service connection for lower leg infection and recurrent fungal infection of the lower extremities, as well as his claim for an increased rating for PTSD. The TDIU claim was also denied.

The Board found no evidence of pneumonia or hand tremors during service and insufficient medical evidence to link current conditions to service. The veteran's claims for service connection were denied.

The Board denied the veteran's claim as his application for additional monthly compensation for a dependent child was not timely filed, due to his untimely submission of the form. The appeal is therefore denied.

The Board found that the veteran's son was not permanently incapable of self-support before reaching age 18, based on his employment and educational activities.

The veteran's claim for a total disability rating based on individual unemployability by reason of service-connected disabilities was denied as he did not meet the percentage requirements at the time of his original claim. The effective date assigned is October 23, 1997, which represents the date of his claim of entitlement to service connection for depression secondary to Crohn's disease.

The Board has determined that new and material evidence has been submitted to reopen the claim for whether the appellant may be recognized as the veteran's surviving spouse for purposes of entitlement to VA death benefits. The appellant is considered the legal widow of the veteran, despite a previous denial due to fault in the initial separation.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied because the pedicure injury did not result in any permanent disability.

The veteran's claim for an increased rating for his service-connected right paraspinal area myofascial syndrome with reflex sympathetic dystrophy is being remanded due to the need for additional medical evidence and a VA examination.

The Board has granted the veteran's claim for a 70 percent disability rating and TDIU for PTSD, effective August 21, 1996. The case is remanded to obtain additional VA treatment records.

The RO found that MMA is the legal surviving spouse of the veteran for DIC purposes, but the appellant disagrees. The case is being remanded to ensure all procedures are followed and a hearing is scheduled.