Other conditions decisions — 2001

The VA denied an increased (compensable) evaluation for left ear defective hearing, as the veteran's current level of disability does not meet the criteria for a higher rating.

The Board denied the veteran's claim for nonservice-connected pension benefits due to insufficient qualifying wartime service in the Merchant Marines.

The Board has remanded the case due to a lack of evidence in the IVM folder, and the appellant is required to verify her income for each year involved in the overpayment.

The veteran's claim for a higher evaluation and earlier effective date for total disability rating based on individual unemployability was denied due to the lack of evidence showing symptoms that warranted an increased rating or an earlier effective date.

The Board dismissed the matter due to lack of jurisdiction, as addressed by the Court in Scates v. Gober.

The Board found that the reduction of the veteran's VA disability compensation benefits to a 10 percent level, effective October 27, 1992, following incarceration for a felony was proper.

The Board has granted a 10 percent evaluation for the veteran's service-connected tremor, which is considered moderate in degree. The veteran's symptoms involve both arms and hands, but his strength and sensation are normal, indicating no more than a moderate tremor.

The RO denied the veteran's claim for service connection for a cyst on his right leg, concluding that it was not caused or aggravated by his military service.

The Board denied the appellant's claim for an evaluation in excess of 10 percent for residuals of cholecystectomy and hiatal hernia with reflux, finding that his symptoms did not meet the criteria for a higher rating under the applicable VA rating criteria.

The veteran's claim for a permanent and total disability rating for pension purposes was filed on April 19, 1999. Since there is no evidence of an earlier claim or retroactive request, the effective date cannot be prior to April 19, 1999.

The Board has determined that the veteran does not have HIV-related illness as a result of infection during active service or active duty for training.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of her service-connected right heel disability.

The veteran's service-connected post-operative residuals of a hemilaminectomy with diskectomy at L2-L3, L3-L4 and L5-S1, with degenerative changes are currently rated at 60 percent. The appeal is denied as the disability does not warrant an evaluation in excess of this rating.

The Board denied the appellant's claim for recognition of her granddaughter as a surviving child of the veteran, finding that the grandchild was adopted more than two years after the veteran's death and did not meet eligibility criteria.

The Board of Veterans' Appeals has determined that the appellant is entitled to death pension benefits effective September 1, 1996. However, she contends that an earlier effective date should be granted. The case is being remanded for further investigation and clarification.

The veteran sustained a cold injury to his feet during service, which resulted in chronic disability. The Board has determined that the residuals of this cold injury are related to his military service and grants service connection for these residuals.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for post traumatic stress disorder (PTSD). The case is remanded to verify the veteran's period of active service, obtain his treatment records from private and VA health care providers, including Dr. Paden, and request additional information about any stressors he experienced in service.

The veteran's claim for an increased rating for lacerations of the left forearm is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The VA denied the veteran's claim for service connection for gingivitis for purposes of payment of disability compensation benefits as it is not a ratable disease entity under current regulations.

The Board has determined that the veteran's residuals of a fracture of the left acetabulum warrant an increased disability rating to 20 percent, while his residuals of a fracture of the right pubic bone are currently rated as noncompensable.