Other conditions decisions — 2001

The Board has granted an increased initial rating of 50 percent for the veteran's service-connected post traumatic stress disorder, and denied a higher rating. The compensable rating for residuals of malaria remains unchanged. A separate rating of 10 percent is assigned for the veteran's left shoulder scar.

The Board has determined that the appellant's dysthymic disorder warrants a 50 percent evaluation, reflecting significant impairment in social and occupational functioning.

The Board found that the reduction in the rating for NHL from 100 percent to 10 percent, effective April 1, 1997, was proper. The issue of an initial evaluation in excess of 10 percent for the residuals of an Ommaya shunt placement is referred back to the RO for issuance of a statement of the case.

The veteran's psychiatric disability, which includes somatization disorder with hypochondriasis, is rated at a 100 percent evaluation. The effective date for this rating is August 27, 1991.

The Board denied the veteran's claims for an increased evaluation for his right hand fracture and for reopening a previously denied claim of service connection for an ulcer disorder. The appeal was not addressed due to other issues involving the veteran.

The veteran's claim for an earlier effective date for special monthly compensation based on the loss of use of his right hand and both lower extremities due to service-connected disability was granted. The effective date is set at July 17, 1998.

The Board has determined that the appellant does not have recognized service with the United States Armed Forces and therefore is not eligible for VA benefits.

The veteran was awarded $14.00 per month for pension from August 1, 1998.,The veteran was awarded $14.58 per month for pension from December 1, 1998.

The Board has determined that new and material evidence sufficient to reopen the claim for service connection for pseudoxanthoma elasticum with blindness has been received, thus allowing the veteran's claim to proceed.

The Board has denied the veteran's claims for service connection for the cause of his death and entitlement to DIC under 38 U.S.C.A. § 1318 due to insufficient evidence linking his conditions to service.

The Board denied the appellant's claim as she was not recognized as the veteran's surviving spouse for purposes of dependency and indemnity compensation (DIC) benefits.

The Board denied the veteran's claims for an evaluation in excess of 10 percent for residuals of a fracture of the right femur with intramedullary rod placement and initial compensable evaluations for service-connected residuals of fractures of the right radial head and scapula.

The Board denied the appellant's claim for payment of interest on a retroactive award of disability compensation benefits, finding that such an award is not authorized by law.

The Board granted the veteran's claim for an effective date prior to June 4, 1997 for service connection of left foot drop secondary to his service-connected herniated nucleus pulposus at L5-S1.

The Board found that the appellant could not be recognized as the veteran's surviving spouse for the purpose of establishing eligibility for VA benefits due to her remarriage and lack of evidence regarding R. R.'s death or divorce.

The Board found no evidence of disability of the right groin resulting from VA medical treatment and denied compensation under 38 U.S.C.A. § 1151 for disability of the right groin. The residuals of a fracture of the calcar region were also not compensable as there was no current disability.

The Board has ordered an examination to determine the probable etiology of arachnoiditis and scheduled a personal hearing at the RO.

The Board has remanded the case for further development due to new notification provisions under the Veterans Claims Assistance Act of 2000 and additional requirements related to exposure to mustard gas.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability involving the lower extremities, resulting from treatment provided by VA from 1984 is denied.

The Board found that the veteran's pre-existing left inguinal hernia was aggravated during his active duty service, and thus granted service connection for this condition.