Other conditions decisions — 2001

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of service in the United States Armed Forces.

The appellant's service with the New Philippine Scouts does not qualify them for nonservice-connected disability pension benefits.

The Board has remanded the case for further development, including a VA examination to assess the current nature and degree of severity of the service-connected chronic venous insufficiency of the right leg. The veteran's claim for separate disability evaluations for varicose veins and phlebitis is also being considered.

The Board has found new and material evidence to reopen the claim of service connection for post-operative residuals of meningioma, which was previously denied in 1986. The veteran's claim is now reviewed de novo.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C. 1151 as his claimed loss of energy, nervousness and impotence were not shown to be caused by VA medical treatment.

The Board denied service connection for the veteran's post-operative meningioma residuals, concluding that there was no clear and unmistakable error in their January 1986 decision.

The Board held that the veteran's death in service was not due to his own willful misconduct or substance abuse, and thus was incurred in line of duty. The appellant is therefore entitled to Dependency and Indemnity Compensation (DIC).

The Board has determined that the veteran's postoperative residuals of a vagotomy and pyloroplasty with duodenal ulcer do not meet the criteria for an increased evaluation, as there is no evidence of alkaline gastritis or confirmed persisting diarrhea. The compensable evaluation for the ventral hernia also does not meet the criteria due to the absence of significant symptoms.

The Board denied the veteran's claim for an earlier effective date for DIC benefits, finding that July 19, 1991 was the correct effective date as it is the date of receipt of her reopened claim.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to evaluate the veteran's disabilities. The RO is also instructed to consider whether the veteran meets the percentage requirements under 38 C.F.R. § 4.16 and the permanency requirement under 38 C.F.R. § 4.17 for pension purposes.

The veteran's claim for specially adapted housing or a special home adaptation grant is denied because his back disability, which he claims is service-connected, falls under the provisions of 38 U.S.C.A. § 1151 and not the provisions for specially adapted housing.

The veteran is seeking an increased disability rating for his service-connected hiatal hernia with reflux, currently rated at 10 percent. The case has been remanded due to the need for a comprehensive VA gastrointestinal examination.

The Board has reopened the veteran's claim of service connection for a left foot disorder, but it is unclear whether he seeks service connection based on aggravation or a 'fallen arches' condition. The case will be remanded to allow further development and consideration.

The Board has remanded the case due to a need for a VA opinion regarding the etiology of the veteran's cause of death and service connection.

The Board denied a compensable rating for the veteran's service-connected residuals of a right fourth metatarsal fracture, finding no evidence of malunion or nonunion and noting that the disability did not cause functional loss.

The Board denied the veteran's claims for increased ratings for his service-connected right wrist disability, finding that a higher rating was not warranted based on the evidence of record.

The veteran's claims for service connection were granted, with the diagnoses of hair loss, stomach disorder with diarrhea, blurred vision dizziness eye pain and tearing, chest and pulmonary disability, and bleeding gums being found to be related to his service in the Persian Gulf. The preponderance of evidence supported these findings.

The VA denied an increased rating for the veteran's epididymitis with impotence and status-post epididymectomy of the right side, as his condition did not meet the criteria for a higher evaluation. The extension of a temporary total disability rating was also denied.

The Board granted a 10 percent rating for residuals of an inguinal hernia, finding that the veteran's subjective complaints of pain in the area of his right inguinal hernia surgical scar warranted this rating. The issue of service connection for a left lower leg disorder was not addressed as it is not before the Board.

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