Other conditions decisions — 2001

The VA has denied the veteran's claim for an increased rating for his residuals of a head injury with post concussion syndrome, currently rated at 30 percent.

The VA determined that the appellant did not have valid military service in the Army of the United States or as a member of the Philippine Commonwealth Army, including recognized guerrillas. Therefore, he is not considered a 'veteran' for purposes of establishing eligibility to VA benefits.

The Board has determined that additional development is necessary to verify the veteran's claimed stressors and determine if they occurred during his service. The case will be returned for further review.

The Board dismissed the appeal because no substantive appeal was filed within the required 60-day period following the issuance of the statement of the case.

The veteran is seeking reimbursement or payment for unauthorized medical care and ambulance services. The Board denied these claims as the criteria for reimbursement under VA regulations were not met.

The Board has granted the veteran's claim for service connection for post traumatic stress disorder, finding that his reported in-service stressors are sufficient to meet the criteria for a diagnosis of PTSD.

The Board denied service connection for the cause of the veteran's death, concluding that there was no evidence linking his T-cell lymphoma to his military service or any other condition.

The Board denied the veteran's claim for service connection for thoracic neuralgia or chest pain, including due to degenerative disc disease of the thoracic spine, finding that there is no evidence documenting a rib fracture in service and that the veteran's currently assessed thoracic neuralgia does not constitute a disability for which service connection may be granted.

The Board denied the veteran's claim for service connection for cataracts as a result of exposure to ionizing radiation, finding that his current condition was not incurred in or aggravated by active service and was not related to exposure to ionizing radiation.

The VA denied a higher rating for the veteran's chronic laryngitis, finding that her symptoms were not due to service-connected laryngitis.

The Board found that the veteran's arthritic pseudarthrosis of the sacral ala and post-operative herniated nucleus pulposus were not incurred in or aggravated by service.

The veteran's appeal has been dismissed due to his death.

The Board determined that the appellant's request for a waiver of recovery of an overpayment of VA death pension benefits was timely filed, and thus granted the appeal.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for status post left L5-S1 laminectomy with lower back pain, finding that his disability did not warrant a higher evaluation based on the schedular criteria.

The veteran's appeal is dismissed due to the death of the veteran, which has rendered the case moot.

The Board has determined that the veteran's hiatal hernia with reflux, post-operative fundoplication warrants a 30 percent rating but does not meet the criteria for an increased or extraschedular evaluation.

The veteran's right hand disability, characterized by flexion contracture of the ring and little fingers, pronounced atrophy, weak grip strength, weakness to resistance during abduction and adduction of the fingers, and inability to actively approximate the tip of any finger closer than one inch from the palm of his hand, more nearly reflects complete paralysis of the ulnar nerve. As a result, the veteran is granted a 60 percent rating for this condition.

The Board has reopened the veteran's claim of entitlement to service connection for a left inguinal hernia and granted it. The evidence received since the August 1949 decision shows that the veteran now has a chronic left inguinal hernia, which he believes was present during his military service.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA medical opinion to determine if the cause of death is related to military service. The issues of service connection for the cause of death and DIC benefits under section 1318 are still pending.

The Board has granted service connection for the veteran's left leg nerve disability as secondary to his service-connected residuals of gunshot wound to the base of the fifth toe, but further medical clarification is needed before a higher rating can be assigned.