Other conditions decisions — 2001

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for thrombophlebitis resulting from VA medical treatment is being remanded due to the need for additional development, including obtaining medical records and ensuring compliance with notification requirements under the Veterans Claims Assistance Act of 2000. The total rating claim based on individual unemployability is also pending.

The Board denied the appellant's request for an increased apportionment of the veteran's VA compensation benefits, finding that it is unclear whether failure to increase the amount would cause financial hardship.

The veteran's appeal for a higher evaluation of his shell fragment wound residuals was granted, with the RO assigning a 30 percent evaluation based on moderately severe injury to Muscle Group I. The separate scar evaluation remains at 10 percent.

The veteran's death was not caused by a service-connected disability, and thus the claim for burial benefits in excess of $225.00 is denied.

The appellant's service ended before the eligibility criteria for Service Disabled Veterans Insurance (RH) under 38 U.S.C. § 1922(a), and thus he is not eligible.

The Board denied increased evaluations for the veteran's service-connected residuals of a gunshot wound to the abdomen and left lower lobe atelectasis, finding that the evidence did not meet the criteria for higher ratings.

The Board has granted an increased evaluation for the residuals of osteotomy manifested by scars, retained wires, malocclusion and TMJ syndrome with a separate 10 percent rating for each condition since September 1953.

The Board found that the veteran's service-connected nervous disorder with associated alcoholism contributed to his death, but dismissed the DIC claim under section 1151 as moot.

The veteran is seeking service connection for a right arm disorder. The Board has ordered additional development to determine the nature and etiology of any current right arm disorder, including whether it originated during military service.

The Board found that the veteran's right elbow fracture residuals do not meet the criteria for a higher rating based on limitation of motion.

The Board has ordered the Department of Veterans Affairs (VA) Regional Office to prepare an accounting of the overpayment and explain how it was created. The VA is also required to allow the appellant to contest the validity of the debt, and then formally adjudicate this issue.

The veteran's claim for service connection for left jaw disability was denied in a June 1995 rating decision. The case is being remanded to the RO for further development.

The veteran's claim for an increased rating for his service-connected chronic restrictive type emphysema secondary to asbestos exposure is being remanded due to inadequate examination reports. The RO must obtain updated pulmonary function test results and ensure the examiner addresses all relevant criteria.

The Board denied the appellant's request for waiver of recovery of an overpayment of parents' DIC benefits in the amount of $2,812.92.

The Board found that the veteran's injuries in October 1955 were caused by his own willful misconduct and alcohol abuse, thus denying service connection for residuals of head and back injuries.

The Board found that the veteran's adenocarcinoma of the rectum was not incurred during service and could not be presumed to have been caused by exposure to Agent Orange. The evidence did not show a connection between the cancer and either service or Agent Orange exposure.

The Board denied the appellant's claim for death pension benefits as a helpless child of her deceased veteran father due to her marital status, which barred her from receiving such benefits.

The Board granted a partial waiver of the loan guaranty indebtedness, reducing it from $28,663.14 to $9,500. The decision found that the appellant was partially at fault in creating the debt due to his relocation plans and did not reduce consumer debt during the period he knew he would relocate.

The veteran's claim for former prisoner of war (POW) status for VA purposes was denied because the evidence did not establish that he was forcibly detained or interned under circumstances comparable to those endured by individuals interned by enemy governments during periods of war.

The Board has granted a 10 percent evaluation for bilateral sensorineural hearing loss disability effective from August 8, 1996. The veteran's claim is denied prior to this date.