Other conditions decisions — 2001

The Board has determined that the appellant does not have valid military service and therefore is not considered a 'veteran' for purposes of entitlement to VA benefits.

The Board denied the veteran's claim for an increased rating for residuals of a fracture of the left clavicle, finding that the evidence did not meet the criteria for a compensable rating under the old and new VA hearing loss and ear diseases rating criteria.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for a skin disorder due to Agent Orange exposure. The issue concerning service connection for a skin disorder due to Agent Orange exposure should be reviewed on a de novo basis.

The Board has determined that the veteran was exposed to Agent Orange while in Vietnam, and is considering whether his end-stage liver disease, which he claims is related to this exposure, should be granted service connection. However, due to conflicting evidence regarding the cause of his liver disease, a VA examination is needed to determine if it is at least as likely as not that the veteran's liver disease had its onset in service or is otherwise related to service.

The appellant's claim for VA improved death pension benefits as the surviving spouse of the veteran is denied because she did not meet the eligibility criteria.

The Board has found new and material evidence to reopen the veteran's claim of entitlement to service connection for fungal disease of the feet. The issue is now whether this condition is related to his military service.

The Board is requesting additional medical records to determine if new and material evidence has been submitted to reopen the veteran's claim for service connection of a nervous condition.

The Board denied the termination of the appellant's widow's improved pension benefits as of March 1, 1994, finding that her receipt of Social Security benefits exceeded the statutory limit for receiving VA pension.

The Board denied the appellant's claim because his service did not establish him as a veteran for VA purposes.

The veteran's bilateral L5 pars interarticularis defect is found to be aggravated by his service-connected residuals of fractures at D10 and L3 vertebrae. The veteran's residuals of the D10 and L3 fractures are currently evaluated as 40 percent disabling, and a higher evaluation of 60 percent is granted.

The Board found that the original grant of service connection for a psychogenic gastrointestinal reaction was clearly and unmistakably erroneous, as there was not clear evidence supporting its initial determination.

The Board has determined that the veteran's HIV infection was incurred during his period of active service and grants the claim for service connection.

The Board has granted service connection for gum disease with loss of teeth, and has denied service connection for the missing teeth numbered 1, 16, 17, and 32. The remaining teeth are considered to have been lost due to periodontal disease during service.

The veteran seeks compensation under 38 U.S.C.A. § 1151 for injuries he alleges resulted from VA ophthalmologic treatment in 1997. The claim is being remanded due to the need for an examination and additional records.

The Board denied the veteran's appeal of his claim for an earlier effective date for the grant of a total disability rating based on individual unemployability due to service-connected disability, finding that he did not file a timely substantive appeal.

The Board has denied service connection for a fracture of the right leg and denied an increased rating for cellulitis of the right leg. The veteran's claims are pending.

The VA has denied the veteran's claim for an increased rating of his post traumatic stress disorder, currently rated at 50 percent.

The veteran's appeal to have an earlier effective date for his 50% evaluation of the right hand gunshot wound residuals was denied because it was not filed within one year of the September 19, 1997 notification and more than 60 days after the July 22, 1998 statement of the case.

The veteran was awarded a 70 percent rating for his service-connected post traumatic stress disorder and a total disability rating based on individual unemployability effective March 27, 2001.

The veteran's appeal is denied as he did not serve for at least three continuous years of active duty after June 30, 1985.