Other conditions decisions — 2001

The Board granted service connection for left peripheral cataract and denied service connection for epiphora of the right eye.

The veteran's service-connected chronic prostatitis with hematuria is rated at 10 percent, and the Board finds no evidence of disability warranting a higher rating.

The veteran initiated an appeal but did not file a timely substantive appeal, resulting in the dismissal of the issue.

The veteran's death was due to a pulmonary embolism, which was caused by upper gastrointestinal hemorrhage. The upper gastrointestinal hemorrhage was related to the veteran's treatment with chemotherapy for malignant non-Hodgkin's lymphoma. The appellant requested an effective date prior to June 1, 1996, but this request is denied as VA did not have a duty to inform her of potential entitlement due to lack of information from the appellant.

The Board denied the appellant's claim to be reinstated as a surviving spouse for VA death pension benefits due to her remarriage occurring after November 1, 1990.

The Board has determined that the veteran's statements of disagreement with overpayment creation should be considered and remanded for further review. The issues of whether the overpayment was properly created and if recovery should be waived are inextricably intertwined, so they must be addressed together.

The Board found that the veteran's service-connected disabilities, including gunshot wounds and a stomach injury with neurotic symptoms, do not warrant an increased evaluation beyond the currently assigned ratings.

The Board denied increased evaluations for bilateral tibial stress fractures and a right inguinal hernia, finding no clinical or x-ray findings of the claimed conditions.

The case is being remanded to the Philadelphia Regional Office and Insurance Center for forwarding the appellant's files to the Anchorage RO, scheduling a 'Travel Board' hearing following the usual procedures under 38 U.S.C.A. § 7107 and 38 C.F.R. § 20.704.

The veteran is entitled to an initial 50 percent rating for his psychotic disorder, effective from the date of discharge from service, due to the severity of his symptoms and his inability to engage in substantially gainful employment.

The Board denied the veteran's claim for service connection for Bell's palsy and a compensable evaluation for ptosis, finding that no new and material evidence had been submitted to reopen his claims.

The VA determined that the veteran's bilateral hearing impairment did not warrant a compensable rating, as his most recent audiometric test results were within the range for noncompensable disability.

The veteran's claim for service connection of the residuals of a back injury is being remanded due to incomplete medical records and the need to clarify if any attempts were made to obtain them.

The veteran's claims for increased evaluations of her service-connected Kohler's disease of the left and right feet have been granted. The issues regarding secondary service connection for mechanical low back pain, bilateral patellofemoral syndrome, and a bilateral hip disability remain pending.

The veteran is seeking disability compensation for impotency, which he claims is related to VA care including radiation therapy. The case is being remanded for further examination and consideration.

The Board has determined that the veteran's son, JH, is permanently incapable of self-support prior to his eighteenth birthday and grants recognition as a 'child' for VA purposes.

The appellant's service as a Philippine Scout is not considered active military service for the purpose of VA nonservice-connected pension benefits.

The appellant is seeking special monthly pension based on the need for regular aid and attendance or by reason of being housebound. The RO needs to obtain additional medical evidence regarding her ability to leave her home without assistance.

The Board found that the appellant had no recognized military service with the Armed Forces of the United States and therefore denied their claim for basic eligibility for VA benefits.