Other conditions decisions — 2001

The Board finds that the veteran's claimed disability, status post amputation of the distal phalanx of the right first toe, was incurred in active military service and grants service connection.

The veteran is seeking service connection for severe head pain, which he claims was caused by a pre-existing injury prior to his military service. The RO has not yet issued a Statement of the Case (SOC) on this issue and needs to do so before proceeding with further adjudication.

The Board of Veterans' Appeals has determined that the veteran's net worth, excluding his residence, is over $32,500 and therefore constitutes a bar to eligibility for non-service-connected improved pension.

The Board has granted a 60 percent evaluation for gastritis and duodenitis, the maximum schedular rating available under Diagnostic Code 7307.

The Board determined that the appellant's discharge from his second period of active military service (October 1988 to October 1990) was issued under dishonorable conditions, creating a bar to VA benefits based on that period of service except for health care and related benefits authorized under Chapter 17, Title 38, United States Code.

The Board found that the submitted evidence was not new and material, thus denying the reopening of the claim for service connection for residuals of a cerebrovascular accident.

The Board of Veterans' Appeals has determined that the appellant's daughter did not become permanently incapable of self-support prior to attaining the age of 18, and thus denied her claim.

The VA has denied an increased evaluation for chronic otitis media, left ear, postoperative. The evidence shows that the only time during which the veteran's left ear otitis media was productive of a suppurative process was between January 6, 1999 and April 26, 1999.

The veteran's claim for an increased evaluation of his service-connected prostatitis with urethral stricture was granted, effective July 9, 1971. The RO also found clear and unmistakable error in a prior rating decision that did not grant service connection for the condition.

The Board denied the veteran's application to reopen his claim of entitlement to service connection for a stomach disorder and increased evaluation for back injury residuals. The decision also noted that new evidence had been submitted, but it was not sufficient to reopen the claim.

The Board denied the veteran's claim for waiver of recovery of an overpayment of disability compensation benefits in the amount of $4,403.80 due to fault on his part and lack of undue hardship.

The appellant's husband did not have the requisite service to be eligible for VA pension benefits, and thus she is not entitled to nonservice-connected death pension benefits.

The VA denied the veteran's request for a rating in excess of 30 percent for his service-connected schizoaffective disorder, depressive type.

The Board has denied the veteran's claim for service connection for a gunshot wound to the left thigh based on aggravation of a pre-existing disability. The claim for a compensable evaluation for postoperative fracture of the mandible right ramus and left angle was granted, but with a noncompensable rating.

The veteran's application for RH insurance was denied because it was not received within one year of the last notice of service connection.

The veteran withdrew his appeal for compensation for a dental condition prior to the Board's decision.

The veteran's service-connected hypertensive vascular disease is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating.

The veteran's claim for a disability rating in excess of 30 percent for his duodenal ulcer was denied by the RO due to his failure to appear for scheduled VA medical examinations. The case is being remanded for further development and consideration.

The Board denied the veteran's claim for service connection for residuals of a left knee injury, including arthritis, finding that there was no medical evidence linking his current disability to his in-service injury.

The veteran's PTSD, which was already service-connected and rated at 50%, is now rated at the maximum schedular rating of 100% for purposes of accrued benefits due to its severe impact on his ability to work.