Other conditions decisions — 2001

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for sleep disturbance as a chronic disability resulting from an undiagnosed illness. The veteran's claims for service connection for headaches and PTSD remain denied.

The Board denied the appellant's claims for DIC under 38 U.S.C.A. § 1318 and service connection for the cause of the veteran's death, finding that the veteran was not rated as totally disabled due to service-connected disability for at least ten years preceding his death.

The Board denied the appellant's claim for accrued benefits as no benefits had accrued at the time of her husband's death.

The veteran's claims for compensation benefits and service connection have been granted. The evaluation for status post nephroureterectomy is set at 30 percent, effective July 21, 1998. For the right flank and upper quadrant pain, a 10 percent evaluation has been assigned under Diagnostic Code 5297.

The RO found that there was clear and unmistakable error in reducing the veteran's disability evaluation for retinal detachment from 30 percent to 20 percent, effective July 1, 1986. The RO restored a 20 percent evaluation but not the previous 30 percent rating.

The VA determined that the veteran's service-connected psychopathic personality without psychosis does not warrant an evaluation in excess of 10 percent.

The Board is unsure whether the appellant's current left varicocele claim can be granted due to a lack of relevant medical evidence and an unclear nature of his disability. The case is being remanded for further examination and review.

The veteran's claim for an increased rating for his foot condition was granted, effective from August 6, 1996.

The Board found that new and material evidence had not been submitted to reopen the claim of entitlement to service connection for a stomach disorder. The veteran's appeal is considered on the merits.

The Board has determined that the veteran's left inguinal hernia, which is readily reducible and not well supported by a truss or belt, warrants a 10 percent disability rating.

The Board denied the veteran's request for waiver of recovery of an overpayment of improved death pension benefits, finding that recovery would not be against equity and good conscience.

The veteran's service dates do not qualify him for non-service-connected pension benefits as he did not serve during a period of war. Therefore, his claim is denied.

The Board found that the appellant's spouse had a dishonorable discharge due to being absent without leave (AWOL) and denied the claim for VA benefits.

The Board denied the veteran's request to reopen his previously denied claim for service connection for a leg disability, finding that new and material evidence had not been submitted.

The veteran's appeal is remanded to the RO for additional development, including scheduling a VA medical examination and obtaining any pertinent treatment records. The examiner should assess whether the veteran incurred any additional disability as a result of his hip replacement surgeries in 1993 and 1996.

The Board has granted a rating of 20 percent for postoperative residuals of right knee chondromalacia and denied the claim for noncompensable rating for brachial stretch injury of the left ulnar nerve.

The veteran's and appellant's children are all over the age of 18, with two oldest children (TMC and EFC) being over 18 at the time of the claim. The youngest child (MSC), however, was under 18 from September 19, 1995 to June 28, 1996. An apportionment for MSC during this period but not thereafter would not cause undue hardship to the veteran.

The Board of Veterans' Appeals (BVA) has determined that an apportionment of $200 per child from the veteran's compensation benefits is appropriate, given his financial situation and the amount he is legally obligated to pay in child support.

The Board denied the appellant's claim of service connection for gouty arthritis, multiple joints as secondary to his service-connected left knee injury with traumatic arthritis. The RO granted an increased evaluation for his left knee injury with traumatic arthritis and denied a higher evaluation for his left knee instability.

The VA denied the veteran's claim for an increased evaluation for his service-connected postoperative repair of a right medial collateral ligament tear, currently rated at 10 percent. The evidence showed symptoms including pain, swelling, and some functional loss due to arthritis.